DEPARTMENT OF THE ARMY FIELD MANUAL
THE LAW
OF
LAND WARFARE
DEPARTMENT OF THE ARMY • JULY 1956
FOREWORD
A list of the treaties relating to the conduct of land warfare which
have been ratified by the United States, with the abbreviated titles
used in this Manual, is set forth on page iii. The official English
texts or a translation of the principal treaty provisions are quoted
verbatim in bold type in the relevant paragraphs throughout the
Manual. It should be noted, however, that the official text of the
Hague Conventions of 18 October 1907 is the French text which must
be accepted as controlling in the event of a dispute as to the meaning
of any provision of these particular conventions. (See TM 27-251.)
The 1949 Geneva Conventions for the Protection of War Victims
have been ratified by the United States and came into force for this
country on 2 February 1956. The effect of these four conventions
upon previous treaties to which the United States is a party is dis-
cussed in detail in paragraph 5 of the text. Each of the Hague Con-
ventions of 1899 and 1907 and each of the Geneva Conventions of
1864, 1906, and 1929 will, of course, continue in force as between the
United States and such of the other parties to the respective conven-
tions as have not yet ratified or adhered to the later, superseding
convention (s) governing the same subject matter. Moreover, even
though States may not be parties to, or strictly bound by, the 1907
Hague Conventions and the 1929 Geneva Convention relative to the
Treatment of Prisoners of War, the general principles of these con-
ventions have been held declaratory of the customary law of war to
which (ill States are subject. For this reason, the United States has
adopted the policy of observing and enforcing the terms of these
conventions in so far as they have not been superseded by the 1949
Geneva Conventions which necessarily govern the relations between
the parties to the latter (see pars. 6 and 7 of the text) .
The essential provisions of each of the earlier conventions men-
tioned above have been substantially incorporated into the more
recent and more comprehensive conventions on the same subject mat-
ter, so that observance of the latter will usually include observance
of the former. Tor this reason, only the more recent 1949 Geneva
Conventions and the relevant provisions of the 1907 Hague Conven-
tions are quoted in this Manual.
Pertinent information concerning the current status of ratifica-
tions, adherences, reservations, and denunciations (withdrawals) will
be transmitted by higher authority to commanders in the field, as oc-
casions, arise, thus rendering unnecessary the inclusion of such data
in this Manual, and avoiding the frequent changes that snch inclusion
would entail.
Whenever possible, this Manual should be used in conjunction with
TM 27-251, Treaties Governing Land Warfare,
FM 27-5, Civil Affairs/ Military Government, which deals with
military government policy and administration, should be consulted
in connection with chapter 6 of the present Manual.
ABBREVIATIONS
GWS Geneva Convention for the Amelioration of the Con-
dition of the Wounded and Sick in Armed Forces in
the Field, 12 August 1949.
GWS Sea.: Geneva Convention for the Amelioration of the Condi-
tion of the Wounded, Sick and Shipwrecked Members
of Armed Forces at Sea, 12 August 1949.
GPW Geneva Convention Relative to the Treatment of Pris-
oners of War, 12 August 1949.
GC Geneva Convention Relative to the Protection of Civil-
ian Persons in Time of War, 12 August 1949.
GPW 19Z9 Geneva Convention Relative to the Treatment of Pris-
oners of War, 27 July 1929.
GWS 1929 Geneva Convention for the Amelioration of the Condi-
tion of the Wounded and Sick of Armies in the Field,
27 July 1929.
H, 111 Hague Convention No. Ill Relative to the Opening of
Hostilities, 18 October 1907.
H. IV Hague Convention No. IV Respecting the Laws and
Customs of War on Land, 18 October 1907.
HR Annex to Hague Convention- No. IV, 18 October 1907,
embodying the Regulations Respecting the Laws and
Customs of War on Land.
H. V Hague Convention No. V Respecting the Rights and
Duties of Neutral PowerB and Persons in Case of
War on Land, 18 October 1907.
H. IX Hague Convention No. IX Concerning Bombardment
by Naval Forces in Time of War, 18 October 1907.
H. X Hague Convention No. X for the Adaptation to Mari-
time Warfare of the Principles of the Geneva Con-
vention, 18 October 1907.
Roerich Pad Treaty on the Protection of Artistic and Scientific
Institutions and Historic . Monuments, 15 April 1935.
UCMJ Uniform Code of Military Justice (64 Stat. 108; 50
U. S. C. 551-736).
iii
*FM 27-10
Field Manual 1 DEPARTMENT OF THE ARMY
No. 27-10 j Washington 25, D. C, 18 July 1956
THE LAW OF LAND WARFARE
Paragraphs Page
Chapteb 1. BASIC RULES AND PRINCIPLES
Section I. General 1-14 3
II. Protecting Powers 15-19 12
Chapteb 2. HOSTILITIES
Section I, Commencement of hostilities 20-27 15
II, Forbidden conduct with respect to persons 28-32 17
III, Forbidden means of waging warfare 33-38 17
IV, Bombardments, assaults, and sieges 39-47 19
V. Stratagems... _ _ 48-55 22
VI. Treatment of property during combat 56-59 23
Chapteb 3. PRISONERS OF WAR
Section I. Persons entitled to be treated as prisoners of war;
retained medical personnel 60-71 25
II. Persons not entitled to be treated as prisoners of
war 72-83 31
III. General protection of prisoners of war 84-92 34
IV. Beginning of captivity 93-96 37
V, Internment of prisoners generally 97-100 39
VI. Quarters, food, and clothing.. 101-105 40
VII. Hygiene and medical attention 106-109 42
VIII. Religious, intellectual, and physical activities. 110-114 44
IX. Discipline 115-118 45
X. Rank of prisoners of war 119-121 46
XI, Transfer of prisoners of war 122-124 47
XII, Labor of prisoners of war 125-133 48
XIII. Financial resources of prisoners of war 134-144 51
XIV. Relations of prisoners of war with the exterior. 145-153 55
XV. Relations of prisoners of war and the authori-
ties 154-157 60
XVI. Penal and disciplinary sanctions 158-184 62
XVII. Termination of captivity 185-202 72
XVIII. Information bureaus and relief societies for pris-
oners of war .. 203-207 79
Chapteh 4. THE WOUNDED AND SICK
Section I. General provisions 208-214 83
II. Wounded and sick 215-219 84
III. Medical units, establishments, personnel and
transfers- 220-237 87
IV. The Red Cross emblem 238-245 95
•ThU tnnnoil »up«rudc« FH 27-10, 1 October 1940. Including C 1, 15 November 1944.
1
Paragraph! Page
Chapteb 5. CIVILIAN PERSONS
Section I. General provisions 246-251 98
II. General protection of populations against cer-
tain consequences of war 252-265 100
III. Provisions common to the territories of the
parties to the conflict and to occupied terri-
tories. 266-273 106
IV. Aliens in the territory of a party to the conflict. 274-285 108
V. Regulations for the treatment of internees 286-342 112
VI. Information bureaus, central agency, and relief
societies 343-350 134
Chapteb 6. OCCUPATION
Section I. General 351-361 138
II. Administration of occupied territory 362-378 141
III. Rights of the -population of occupied territory. 379-387 144
IV, Relief 388-392 147
V, Treatment of enemy property 393-417 148
VI. Services of inhabitants and of officials 418-424 154
VII. Public finance 425-431 156
VIII. Security of the occupant: penal legislation and
procedure 432-448 158
Chapteb 7. NONHOSTILE RELATIONS OF BELLIG-
ERENTS
Section I. General 449-453 165
II. Military passports, safe-conducts, and safe-
guards 454-457 165
III. Parlementaires 458-468 167
IV. Cartels 469 169
V. Capitulations 470-478 169
VI. Armistices _ 479-494 172
Chapteb 8. REMEDIES FOR VIOLATION OF INTER-
NATIONAL LAW; WAR CRIMES
Section I. Remedies and reprisals 495-497 176
II. Crimes under international law 498-504 178
III. Punishment of war crimes 505-508 180
IV. Defenses not available 509-511 182
Chaptbb 9. NEUTRALITY
Section I, General 512-521 184
II. Recruiting in neutral territory 522-524 186
III. Supplies and services from neutral territory 525-531 187
IV. Internment of belligerent forces and tending of
wounded and sick in neutral territory 532-546 188
V. Neutral persons 547-551 191
VI. Railway material 552 192
Appendix: INDEX OF ARTICLES OF THE 1949 GENEVA CON-
VENTIONS AND THE 1907 HAGUE CONVEN-
TIONS 194
Index 198
2
CHAPTER 1
BASIC RULES AND PRINCIPLES
Section I. GENERAL
1. Purpose and Scope
The purpose of this Manual is to provide authoritative guidance
to military personnel on the customary and treaty law applicable to
the conduct of warfare on land and to relationships between bel-
ligerents and neutral States. Although certain of the legal principles
set forth herein have application to warfare at sea and in the air as
well as to hostilities on land, this Manual otherwise concerns itself
with the rules peculiar to naval and aerial warfare only to the extent
that such rules have some direct bearing on the activities of land
forces.
This Manual is an official publication of the United States Army.
However, those provisions of the Manual which are neither statutes
nor the text of treaties to which the United States is a party should
not be considered binding upon courts and tribunals applying the
law of war. However, such provisions are of evidentiary value inso-
far as they bear upon questions of custom and practice.
2. Purposes of the Law of War
The conduct of armed hostilities on land is regulated by the law
of land warfare which is both written and unwritten. It is inspired
by the desire to diminish the evils of war by :
a. Protecting both combatants and noncombatants from unneces-
sary suffering;
b. Safeguarding certain fundamental human rights of persons who
fall into the hands of the enemy, particularly prisoners of war, the
wounded and sick, and civilians; and
c. Facilitating the restoration of peace.
3. Basic Principles
a. Prohibitory Effect. The law of war places limits on the exercise
of a belligerent's power in the interests mentioned in paragraph 2 and
requires that belligerents refrain from employing any kind or degree
of violence which is not actually necessary for military purposes and
that they conduct hostilities with regard for the principles of
humanity and chivalry.
3
The prohibitory effect of the law of war is not minimized by "mili-
tary necessity" which has been defined as that principle which justifies
those measures not forbidden by international law which are indis-
pensable for securing the complete submission of the enemy as soon
as possible. Military necessity has been generally rejected as a de-
fense for acts forbidden by the customary and conventional laws of
war inasmuch as the latter have been developed and framed with
consideration for the concept of military necessity.
b. Binding on States and Individuals. The law of war is binding
not only upon States as such but also upon individuals and, in par-
ticular, the members of their armed forces.
4. Sources
The law of war is derived from two principal sources:
a. Lawmaking Treaties (or Conventions) , such as the Hague and
Geneva Conventions.
5. Custom. Although some of the law of war has not been incorpo-
rated in any treaty or convention to which the United States is a
party, this body of unwritten or customary law is firmly established
by the custom of nations and well defined by recognized authorities
on international law.
Lawmaking treaties may be compared with legislative enactments
in the national law of the United States and the customary law of
war with the unwritten Anglo-American common law.
5. Lawmaking Treaties
a. Treaties to Which the United States Is a Party. The United
States is a party to the following conventions pertinent to warfare on
land :
(1) Hague Convention No. Ill of 18 October 1907, Relative
to the Opening of Hostilities (36 Stat. 1 8259, Treaty Series
538) , cited herein as H. III.
(2) Hague Convention No. IV of 18 October 1907, Respecting
the Laws and Customs of War on Land (36 Stat. 2277;
Treaty Series 539), cited herein as H. IV, and the Annex
thereto, embodying the Regulations Respecting the Laws
and Customs of War on Land (36 Stat. 2295; Treaty Series
539) , cited herein as BR.
(3) Hague Convention No. V of 18 October 1907, Respecting
the Rights and Duties of Neutral Powers and Persons in
Case of War on Land (36 Stat. 2310; Treaty Series 540),
cited herein as H. V.
i United Statet Statute! at Large.
4
(4) Hague Convention No. IX of 18 October 1907, Concerning
Bombardment by Naval Forces in Time of War (36 Stat.
2351; Treaty Series 51$), cited herein as H. JX.
(5) Hague Convention No. X of 18 October 1907, for the
Adaptation to Maritime Warfare of the Principles of the
Geneva Convention (36 Stat. 2371; Treaty Series No. 543),
cited herein as H. X.
(6) Geneva Convention Relative to the Treatment of Prison-
ers of War of 27 July 1929 (47 Stat. 2021; Treaty Series
846) , cited herein as GPW 1929.
(7) Geneva Convention for the Amelioration of the Condi-
dition of the Wounded and Sick of Armies in the Field of
27 July 1929 (47 Stat, 2074; Treaty Series 847) , cited herein
as GWS 1929.
(8) Treaty on the Protection of Artistic and Scientific Insti-
tions and Historic Monuments of 15 April 1935 (49 Stat.
3267; Treaty Series 899), cited herein as the Roerich
Pact. Only the United States and a number of the Ameri-
can Republics are parties to this treaty.
(9) Geneva Convention for the Amelioration of the Condition
of the Wounded and Sick in Armed Forces in the Field of
12 August 1949 (T. I. A. S* 3362), cited herein as GWS.
(10) Geneva Convention for the Amelioration of the Condition
of Wounded, Sick and Shipwrecked Members of Armed
Forces at Sea of 12 August 1949 (T. I. A. S. 3363), cited
herein as GWS Sea.
(11) Geneva Convention Relative to the Treatment of Prison-
ers of War of 12 August 1949 (T. /. A. S. 3364), cited
herein as GPW.
(12) Geneva Convention Relative to the Protection of Civilian
Persons in Time of War of 12 August 1949 (T. I. A. S.
3365) , cited herein as GC.
b. Effect of the Geneva Convention of 1949. GWS replaces the
previous Geneva Wounded and Sick Conventions of 22 August 1864,
6 July 1906, and 27 July 1929 in relations between parties to GWS
(see GWS, art. 59). GWS Sea replaces Hague Convention No. X
of 18 October 1907, for the Adaptation to Maritime Warfare of
the Principles of the Geneva Convention of 1906 in relations between
parties to GWS Sea (see GWS Sea, art. 58). GPW replaces GPW
1929 in relations between parties to GPW (see GPW, art 134) ; in
relations between parties to S. IV and the corresponding convention
of 1899 and which are also parties to GPW, it is complementary
! Treaties and Otber International Acts Series.
5
to Chapter II of the HR (see GPW, art. 135). GO, in relations be-
tween parties to H. IV and the corresponding convention of 1899, is
supplementary to Sections II and III of the HR (see GO, art. 15£).
6. Custom
Evidence of the customary law of war, arising from the general
consent of States, may be found in judicial decisions, the writings of
jurists, diplomatic correspondence, and other documentary material
concerning the practice of States. Even though individual States
may not be parties to or otherwise strictly bound by H. IV and GPW
1929, the former convention and the general principles of the latter
have been held to be declaratory of the customary law of war, to which
all States are subject.
The Preamble to the HR specifically provides:
Until a more complete code of the laws of war has been issued,
the High Contracting Parties deem it expedient to declare that,
in cases not included in the Regulations adopted by them, the
inhabitants and the belligerents remain under the protection and
the rule of the principles of the law of nations, as they result
from the usages established among civilized peoples, from the
laws of humanity, and the dictates of the public conscience.
Similarly, a common article of the Geneva Conventions of 1949 (GWS,
art. 68; GWS Sea, art. 62; GPW, art. U2; GO, art. 158) provides
that the denunciation of (withdrawal from) any of the Geneva Con-
ventions of 1949, * * * shall in no way impair the obligations which
the Parties to the conflict shall remain bound to fulfil by virtue
of the principles of the law of nations, as they result from the
usages established among civilized peoples, from the laws of
humanity and the dictates of the public conscience.
7, Force of the Law of War
a. Technical Force of Treaties and Position of the United States.
Technically, each of the lawmaking treaties regarding the conduct
of warfare is, to the extent established by its terms, binding only
between the States that have ratified or acceded to, and have not
thereafter denounced (withdrawn from), the treaty or convention and
is binding only to the extent permitted by the reservations, if any,
that have accompanied such ratification or accession on either side.
The treaty provisions quoted in this manual in bold-face type are con-
tained in treaties which have been ratified without reservation, except
as otherwise noted, by the United States.
These treaty provisions are in large part but formal and specific
applications of general 'principles of the unwritten law. While
solemnly obligatory only as between the parties thereto, they may be
said also to represent modern international public opinion as to how
6
belligerents and neutrals should conduct themselves in the particulars
indicated.
For these reasons, the treaty provisions quoted herein will be strictly
observed and enforced by United States forces without regard to
whether they are legally binding upon this country. Military com-
manders will be instructed which, if any, of the written rules herein
quoted are not legally binding as between the United States and each
of the States immediately concerned, and which, if any, for that
reason are not for the time being to be observed or enforced.
b. Force of Treaties Under the Constitution. Under the Constitu-
tion of the United States, treaties constitute part of the "supreme
Law of the Land" (art. VI, clause 2). In consequence, treaties re-
lating to the law of war have a force equal to that of laws enacted
by the Congress. Their provisions must be observed by both military
and civilian personnel with the same strict regard for both the letter
and spirit of the law which is required with respect to the Constitu-
tion and statutes enacted in pursuance thereof.
c. Force of Customary Law. The unwritten or customary law of
war is binding upon all nations. It will be strictly observed by
United States forces, subject only to such exceptions as shall have
been directed by competent authority by way of legitimate reprisals
for illegal conduct of the enemy (see par. 497). The customary law
of war is part of the law of the United States and, insofar as it is
not inconsistent with any treaty to which this country is a party
or with a controlling executive or legislative act, is binding upon the
United States, citizens of the United States, and other persons serving
this country.
8. Situations to Which Law of War Applicable
a. Types of Hostilities. War may be defined as a legal condition
of armed hostility between States. While it is usually accompanied
by the commission of acts of violence, a state of war may exist prior
to or subsequent to the use of force. The outbreak of war is usually
accompanied by a declaration of war (see par. 20).
Instances of armed conflict without declaration of war may include,
but are not necessarily limited to, the exercise of armed force pur-
suant to a recommendation, decision, or call by the United Nations,
in the exercise of the inherent right of individual or collective self-
defense against armed attack, or in the performance of enforcement
measures through a regional arrangement, or otherwise, in conformity
with appropriate provisions of the United Nations Charter.
b. Customary Law. The customary law of war applies to all cases
of declared war or any other armed conflict which may arise between
the United States and other nations, even if the state of war is not
recognized by one of them. The customary law is also applicable
7
to all cases of occupation of foreign territory by the exercise of armed
force, even if the occupation meets with no armed resistance.
c. Treaties. Treaties governing land- warfare are applicable to
various forms of war and armed conflict as provided by their terms.
The Hague Conventions apply to "war." Common Articled of the
Geneva Conventions of 1949 states :
In addition to the provisions which shall be implemented in
peacetime, the present Convention shall apply to all cases of de-
clared war or of any other armed conflict which may arise be-
tween two or more of the High Contracting Parties, even if the
state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total
occupation of the territory of a High Contracting Party, even if
the said occupation meets with no armed resistance.
Although one of the Powers in conflict may not be a party to
the present Convention, the Powers who are parties thereto shall
remain bound by it in their mutual relations. They shall further-
more be bound by the Convention in relation to the said Power,
if the latter accepts and applies the provisions thereof. (GWS,
GWS Sea, GPW, GC, art. 2.)
d. Special Case of Civil Wars. See paragraph 11.
9. Applicability of Law of Land Warfare in Absence of a Declaration
of War
As the customary law of war applies to cases of international armed
conflict and to the forcible occupation of enemy territory generally
as well as to declared war in its strict sense, a declaration of war is
not an essential condition of the application of this body of law.
Similarly, treaties relating to "war" may become operative notwith-
standing the absence of a formal declaration of war.
10. When Law of Land Warfare Ceases To Be Applicable
The law of land warfare generally ceases to be applicable upon:
a. The termination of a war by agreement, normally in the form
of a treaty of peace ; or
b. The termination of a war by unilateral declaration of one of the
parties, provided the other party does not continue hostilities or other-
wise decline to recognize the act of its enemy ; or
c. The complete subjugation of an enemy State and its allies, if
prior to a or b; or
d. The termination of a declared war or armed conflict by simple
cessation of hostilities.
However, certain designated provisions of the Geneva Conventions
of 1949 (see GC, art. 6/ par 249 herein) continue to be operative, not-
8
withstanding the termination of any antecedent hostilities, during
the continuance of a military occupation. Insofar as the unwritten
law of war and the Hague Regulations extend certain fundamental
safeguards to the persons and property of the populations of occupied
territory, their protection continues until the termination of any occu-
pation having its origin in the military supremacy of the occupant,
notwithstanding the fact the Geneva Convention relative to the Pro-
tection of Civilian Persons may have ceased to be applicable.
11. Civil War
a. Customary Law. The customary law of war becomes applicable
to civil war upon recognition of the rebels as belligerents.
6. Geneva Conventions of 191$.
In the case of armed conflict not of an international character
occurring in the territory of one of the High Contracting Parties,
each Party to the conflict shall be bound to apply, as a minimum,
the following provisions:
(1) Persons taking no active part in the hostilities, including
members of armed forces who have laid down their arms
and those placed hors de combat by sickness, wounds,
detention, or any other cause, shall in all circumstances
be treated humanely, without any adverse distinction
founded on race, colour, religion or faith, sex, birth or
wealth, or any other similar criteria.
To this end, the following acts are and shall remain pro-
hibited at any time and in any place whatsoever with re-
spect to the above-mentioned persons:
(a) violence to life and person, in particular murder of all
kinds, mutilation, cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular, humiliat-
ing and degrading treatment;
(d) the passing of sentences and the carrying out of execu-
tions without previous judgment pronounced by a regu-
larly constituted court, affording all the judicial guar-
antees which are recognized as indispensable by civil-
ized peoples.
(2) The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International
Committee of the Red Cross, may offer its services to the Parties
to the conflict:'
The Parties to the conflict should further endeavour to bring
into force, by means of special agreements, all or part of the other
provisions of the present Convention.
9
The application of the preceding provisions shall not affect
the legal status of the Parties to the conflict ( GWS, GPW, GWS,
Sea, GO, art. 3.)
12. Military Government and Martial Law Distinguished
In the practice of the United States, military government is the
form of administration which may be established and maintained for
the government of areas of the following types that have been sub-
jected to military occupation :
a. Enemy territory.
b. Allied territory recovered from enemy occupation, when that
territory has not been made the subject of a civil affairs agreement
{see par. 354).
c. Other territory liberated from the enemy, such as neutral terri-
tory and areas unlawfully incorporated by the enemy into its own
territory, when that territory has not been made the subject of a civil
affairs agreement.
d. Domestic territory recovered from rebels treated as belligerents.
Although military government is an accepted concept in the law of
the United States, the limits placed upon its exercise are prescribed
by the international law of belligerent occupation. Other countries
exercise jurisdiction in occupied areas through types of administra-
tion analogous to military government even though they may be desig-
nated by other names.
In the United States, martial law is the temporary government
of the civil population of domestic territory through the military
forces, without the authority of written law, as necessity may require.
The most prominent distinction between military government, as that
term is used herein, and martial law is that the former is generally
exercised in the territory of, or territory formerly occupied by, a
hostile belligerent and is subject to restraints imposed by the inter-
national law of belligerent occupation, while the latter is invoked
only in domestic territory, the local government and inhabitants of
which are not treated or recognized as belligerents, and is governed
solely by the domestic law of the United States.
So far as the United States forces are concerned, military govern-
ment and martial law are exercised by the military commander under
the direction of the President, as Commander in Chief of the Armed
Forces.
13. Military Jurisdiction
Military jurisdiction is of two kinds: first, that which is conferred
by that branch of a country's municipal law which regulates its mili-
tary establishment ; second, that which is derived from international
law, including the law of war.
10
In the Army of the United States, military jurisdiction is exercised
through the following military tribunals :
a. Courts-martial.
b. Military commissions.
c. Provost courts.
d. Other military tribunals.
While general courts-martial have concurrent jurisdiction with
military commissions, provost courts, and other types of military
tribunals to try any offender who by the law of war is subject to trial
by military tribunals {UCMJ, art. 18) , it has generally been held that
military commissions and similar tribunals have no jurisdiction of
such purely military offenses specified in the Uniform Code of Mili-
tary Justice as are expressly made punishable by sentence of court-
martial {except where the military commission is also given ex-
press statutory authority over the offense (UCMJ, arts. 10 %, 106)).
In practice, offenders who are not subject to the Uniform Code of
Military Justice but who by the law of war are subject to trial by
military tribunals, are tried by military commissions, provost courts,
or other forms of military tribunals.
In areas occupied by United States forces, military jurisdiction
over individuals, other than members of the Armed Forces, who are
charged with violating legislation or orders of the occupant is usually
exercised by military government courts. Although sometimes desig-
nated by other names, these tribunals are actually military commis-
sions. , They sit in and for the occupied area and thus exercise their
jurisdiction on a territorial basis.
14. Dissemination of the 1949 Geneva Conventions
a. Wounded and Sick Convention; Wounded and Sick at Sea Con-
vention.
The High Contracting Parties undertake, in time of peace as
in time of war, to disseminate the text of the present Convention
as widely as possible in their respective countries, and, in par-
ticular, to include the study thereof in their programmes of mili-
tary and, if possible, civil instruction, so that the principles
thereof may become known to the entire population, in particular
to the armed fighting forces, the medical personnel and the
chaplains. {GWS, art. 47, GWS Sea, art. 48.)
b. Prisoners of War Convention.
The High Contracting Parties undertake, in time of peace as
in time of war, to disseminate the text of the present Convention
as widely as possible in their respective countries, and, in par-
ticular, to include the study thereof in their programmes of mili-
tary and, if possible, civil instruction, so that the principles there-
of may become known to all their armed forces and to the entire
population.
11
Any military or other authorities, who in time of war assume
responsibilities in respect of prisoners of war, must possess the
text of the Convention and be specially instructed as to its
provisions. (GPW, art. 127.)
c. Civilians Convention.
The High Contracting Parties undertake, in time of peace as
in time of war, to disseminate the text of the present Convention
as widely as possible in their respective countries, and, in par-
ticular, to include the study thereof in their programmes of mili-
tary and, if possible, civil instruction, so that the principles
thereof may become known to the entire population.
Any civilian, military, police or other authorities, who in time
of war assume responsibilities in respect of protected persons,
must possess the text of the Convention and be specially in-
structed as to its provisions. {CC, art. 144-)
Section II. PROTECTING . POWERS
15. Protecting Powers
The Geneva Conventions of 1949 contain certain common provi-
sions regarding the safeguarding of the interests of the belligerents
by nations designated as "Protecting Powers." These provisions are
set forth in the following paragraphs.
16. Functions of Protecting Powers
a. Treaty Provision.
The present Convention shall be applied with the cooperation
and under the scrutiny of the Protecting Powers whose duty it
is to safeguard the interests of the Parties to the conflict. For
this purpose, the Protecting Powers may appoint, apart from
their diplomatic or consular staff, delegates from amongst their
own nationals or the nationals of other neutral Powers. The said
delegates shall be subject to the approval of the Power with
which they are to carry out their duties.
The Parties to the conflict shall facilitate to the greatest extent
possible, the task of the representatives or delegates of the Pro*
tectirig Powers.
The representatives or delegates of the Protecting Powers shall
not in any case exceed their mission under the present Conven-
tion. They shall, in particular, take account of the imperative
necessities of security of the State wherein they carry out their
duties. (GWS, art. 8; GWS Sea, art. 8; OPW, art 8; GC, art. 9.)
b. Article 8, GWS and GWS Sea, contains the following additional
provision :
Their activities shall only be restricted as an exceptional and
temporary measure when this is rendered necessary by imperative
military necessities.
12
Except as specifically provided otherwise by GPW and GC, the ac-
tivities of representatives or delegates of the Protecting Powers under
these conventions may not be restricted even in case of imperative
military necessity.
17. Activities of the International Committee of the Red Cross
The provisions of the present Convention^] constitute no
obstacle to the humanitarian activities which the International
Committee of the Red Cross or any other impartial humanitarian
organization may, subject to the consent of the Parties to the con-
flict concerned, undertake for the protection of [persons pro-
tected by the convention] and for their relief. (GWS art. 9;
GWS Sea, art. 9/ GPW, art. 9; GO, art. 10.)
18. Substitutes for Protecting Powers
The High Contracting Parties may at any time agree to entrust
to an organization which offers all guarantees of impartiality
and efficacy the duties incumbent on the Protecting Powers by
virtue of the present Convention.
When * * * [persons protected by the convention] do not
benefit or cease to benefit, no matter for what reason, by the
activities of a Protecting Power or of an organization provided
for in the first paragraph above, the Detaining Power shall
request a neutral State, or such, an organization, to undertake
the functions performed under the present Convention by a Pro-
tecting Power designated by the Parties to a conflict.
If protection cannot be arranged accordingly, the Detaining
Power shall request or shall accept, subject to the provisions of
this Article, the offer of the services of a humanitarian organiza-
tion, such as the International Committee of the Red Cross, to
assume the humanitarian functions performed by Protecting
Powers under the present Convention.
Any neutral Power, or any organization invited by the Power
concerned or offering itself for these purposes, shall be required
to act with a sense of responsibility towards the Party to the
conflict on which persons protected by the present Convention
depend, and shall be required to furnish sufficient assurances
that it is in a position to undertake the appropriate functions and
to discharge them impartially.
No derogation from the preceding provisions shall be made by
special agreements between Powers one of which is restricted,
even temporarily, in its freedom to negotiate with the other Power
or its allies by reason of military events, more particularly where
the whole, or a substantial part, of the territory of the said Power
is occupied.
684524 0-63— 2
13
Whenever, in the present Convention, mention is made of a
Protecting Power, such mention also applies to substitute or-
ganizations in the sense of the present Article. (GWS, art. 10;
GWS Sea, art. 10; GPW, art. 10; GG, art. 11.)
19. Conciliation Procedure
In cases where they deem it advisable in the interest of pro-
tected persons, particularly in cases of disagreement between
Parties to the conflict as to the application or interpretation of
the provisions of the present Convention, the Protecting Powers
shall lend their good offices with a view to settling the disagree-
ment.
For this purpose, each of the Protecting Powers may, either
at the invitation of one Party or on its own initiative, propose
to the Parties to the conflict a meeting of their representatives,
in particular of the authorities responsible for * * * [persons
protected by the convention] possibly on neutral territory suit-
ably chosen. The Parties to the conflict shall be bound to give
effect to the proposals made to them for this purpose. The Pro-
tecting Powers may, if necessary, propose for approval by
the Parties to the conflict, a person belonging to a neutral Power
or delegated by the International Committee of the Red Cross,
who shall be invited to take part in such a meeting. (GWS, art.
11; GWS Sea, art. 11; GPW, art. 11; GC, art. 12.)
14
CHAPTER 2
HOSTILITIES
Section I. COMMENCEMENT OF HOSTILITIES
20. Declaration of War Required
a. Treaty Provision,
The Contracting Powers recognize that hostilities between
themselves must not commence without previous and explicit
warning, in the form either of a reasoned declaration of war or
of an ultimatum with conditional declaration of war. (H. Ill,
art. 1.)
I. Surprise Still Possible. Nothing in the foregoing rule requires
that any particular length of time shall elapse between a declaration
of war and the commencement of hostilities.
21 . Notification to Neutrals
The existence of a state of war must be notified to the neutral
Powers without delay, and shall not take effect in regard to them
until after the receipt of a notification, which may, however, be
given by telegraph. Neutral Powers, nevertheless, cannot rely
on the absence of notification if it is clearly established that they
were in fact aware of the existence of a state of war. (27. ///,
art. 2.)
22. When Articles of Hague Convention No. Ill Effective Between Parties
Article I of the present Convention shall take effect in case' of
war between two or more of the Contracting Powers.
Article II is binding as between a belligerent Power which is
a party to the Convention and neutral Powers which are also
parties to the Convention. (H. Ill, art. 3.)
23. Present Effect of Foregoing Rules
The Charter of the United Nations makes illegal the threat or use of
force contrary to the purpose of the United Nations. It requires mem-
bers of tlie organization to bring about by peaceful means adjustment
or settlement of international disputes or situations which might
lead to a breach of the peace. However, a nonmember nation or a
member nation which violates these provisions of the Charter com-
mits a further breach of international law by commencing hostilities
without a declaration of war or a conditional ultimatum as required
by the foregoing articles of Hague Convention No. III. Conversely,
15
a State which resorts to war in violation of the Charter will not render
its acts of aggression or breach of the peace any the less unlawful by
formally declaring war.
24. Constitutional Provision
Article 1, section 8, clause 11, of the United States Constitution pro-
vides that "The Congress shall have power * * * to declare War."
The law of war may, however, be applicable to an international con-
flict, notwithstanding the absence of a declaration by the Congress.
(See pars. 8 and 9, concerning the situations to which the law of war
has application.)
25. Enemy Status of Civilians
Under the law of the United States, one of the consequences of the
existence of a condition of war between two States is that every na-
tional of the one State becomes an enemy of every national of the
other. However, it is a generally recognized rule of international law
that civilians must not be made the object of attack directed exclu-
sively against them.
26. Effect on Enemy Aliens
Enemy aliens located or resident in United States territory are not
necessarily made prisoners or interned en masse on the breaking out
of hostilities. Such persons may be allowed to leave the United
States if their departure is consistent with national interest (GO,
art. 35; par. 274 herein). If the security of the United States makes
it absolutely necessary, enemy aliens may be placed in assigned resi-
dence or internment ( GO, art. par. 281 herein) . Measures of con-
trol are normally taken with respect to at least persons known to be
active or reserve members of a hostile army, persons who would be
liable to service in the enemy forces, and persons who it is expected
would furnish information or other aid to a hostile State. (See ch.
V, sec. IV, concerning the treatment of aliens in the territory of a
party to the conflict.)
27. Expulsion
In modern practice at the outbreak of hostilities the expulsion of
the citizens or subjects of the enemy is generally decreed from sea-
ports, the area surrounding airbases, airports, and fortified places,
areas of possible attack, and the actual or contemplated theaters of
operation. When expulsion is decreed, the persons expelled should
be given such reasonable notice, consistent with public safety, as will
enable them to arrange for the collection, disposal, and removal of
their goods and property and for the settlement of their personal
affairs. Such persons do not, however, benefit from the provisions
of Articles 41 through 45, GO (pars. 280-284).
16
Section II. FORBIDDEN CONDUCT WITH RESPECT TO PERSONS
28. Refusal of Quarter
It is especially forbidden * * * to declare that no quarter will
be given, (HR, art. 23, par. (d).)
29. Injury Forbidden After Surrender
It is especially forbidden * * * to kill or wound an enemy who,
having laid down his arms, or having no longer means of defense,
has surrendered at discretion. (HR, art. 23, par. (c).)
30. Persons Descending by Parachute
The law of war does not prohibit firing upon paratroops or other
persons who are or appear to be bound upon hostile missions while
such persons are descending by parachute. Persons other than those
mentioned in the preceding sentence who are descending by para-
chute from disabled aircraft may not be fired upon.
31. Assassination and Outlawry
HR provides :
It is especially forbidden * * * to kill or wound treacherously
individuals belonging to the hostile nation or army. {HR, art. S3,
par. (b).)
This article is construed as prohibiting assassination, proscription,
or outlawry of an enemy, or putting a price upon an enemy's head, as
well as offering a reward for an enemy "dead or alive". It does not,
however, preclude attacks on individual soldiers or officers of the
enemy whether in the zone of hostilities, occupied territory, or else-
where.
32. Nationals Not To Be Compelled to Take Part in Operations Against
Their Own Country
A belligerent is likewise forbidden to compel the nationals of
the hostile party to take part in the operations of war directed
against their own country, even if they were in the belligerent's
service before the commencement of the war. (HR, art. 83, 2d
par.)
Section III. FORBIDDEN MEANS OF WAGING WARFARE
33. Means of ln|uring the Enemy Limited
a. Treaty Provision.
The right of belligerents to adopt means of injuring the enemy
is not unlimited. (HR, art. 22.)
6. The means employed are definitely restricted by international
declarations and conventions and by the laws and usages of war.
17
34. Employment of Arms Causing Unnecessary Injury
a. Treaty Provision.
It is especially forbidden * * * to employ arms, projectiles, or
material calculated to cause unnecessary suffering. (HE, art. S3,
par. (e).)
b. Interpretation. What weapons cause "unnecessary injury" can
only be determined in light of the practice of States in refraining
from the use of a given weapon because it is believed to have that
effect. The prohibition certainly does not extend to the use of ex-
plosives contained in artillery projectiles, mines, rockets, or hand
grenades. Usage has, however, established the illegality of the use
of lances with barbed heads, irregular-shaped bullets, and projectiles
filled with glass, the use of any substance on bullets that would tend
unnecessarily to inflame a wound inflicted by them, and the scoring
of the surface or the filing off of the ends of the hard cases of bullets.
35. Atomic Weapons
The use of explosive "atomic weapons," whether by air, sea, or
land forces, cannot as such be regarded as violative of international
law in the absence of any customary rule of international law or in-
ternational convention restricting their employment.
36. Weapons Employing Fire
The use of weapons which employ fire, such as tracer ammunition,
flamethrowers, napalm and other incendiary agents, against targets
requiring their use is not violative of international law. They should
not, however, be employed in such a way as to cause unnecessary
suffering to individuals.
37. Poison
a. Treaty Provision.
It is especially forbidden * * * to employ poison or poisoned
weapons. (HE, art. 23, par. (a).)
6. Discussion of Rule. The foregoing rule does not prohibit meas-
ures being taken to dry up springs, to divert rivers and aqueducts
from their courses, or to destroy, through chemical or bacterial agents
harmless to man, crops intended solely for consumption by the armed
forces (if that fact can be determined).
38. Gases, Chemicals, and Bacteriological Warfare
The United States is not a party to any treaty, now in force, that
prohibits or restricts the use in warfare of toxic or nontoxic gases, of
smoke or incendiary materials, or of bacteriological warfare. A
treaty signed at Washington, 6 Febuary 1922, on behalf of the United
States, the British Empire, France, Italy, and Japan (3 Malloy,
Treaties 3116) contains a provision (art. V) prohibiting "The use in
18
war of asphyxiating, poisonous or other gases, and all analogous
liquids, materials, or devices," but that treaty was expressly condi-
tioned to become effective only upon ratification by all of the signa-
tory powers, and, not having been ratified by all of the signatories,
has never become effective. The Geneva Protocol "for the prohibition
of the use in war of asphyxiating, poisonous, or other gases, and of
bacteriological methods of warfare," signed on 17 June 1925, on behalf
of the United States and many other powers (94- League of Nations
Treat]/ Series 65) , has been ratified or adhered to by and is now effec-
tive between a considerable number of States. However, the United
States Senate has refrained from giving its advice and consent to the
ratification of the Protocol by the United States, and it is accordingly
not binding on this country.
Section IV. BOMBARDMENTS, ASSAULTS, AND SIEGES
39. Bombardment of Undefended Places Forbidden
The attack or bombardment, by whatever means, of towns, vil-
lages, dwellings, or buildings which are undefended is prohibited.
(Hfi, art. £5.)
40. Defended Place Defined
Investment, bombardment, assault, and siege have always been
recognized as legitimate means of land warfare. Defended places
in the sense of Article 25, HR, include :
a. A fort or fortified place.
b. A city or town surrounded by detached defense positions, which
is considered jointly with such defense positions as an indivisible
whole.
c. A place which is occupied by a combatant military force or
through which such a force is passing. The occupation of such a
place by medical units alone is not sufficient to make it a defended
place.
Factories producing munitions and military supplies, military
camps, warehouses storing munitions and military supplies, ports
and railroads being used for the transportation of military supplies,
and other places devoted to the support of military operations or the
accommodation of troops may also be attacked and bombarded even
though they are not defended.
41. Unnecessary Killing and Devastation
Particularly in the circumstances referred to in the preceding para-
graph, loss of life and damage to property must not be out of pro-
portion to the military advantage to be gained. Once a fort or de-
fended locality has surrendered, only such further damage is per-
mitted as is demanded by the exigencies of war, such as the removal
19
of fortifications, demolition of military buildings, and destruction of
stores {GO, art. 147; par. 502 herein) .
42. Aerial Bombardment
There is no prohibition of general application against bombard-
ment from the air of combatant troops, defended places, or other
legitimate military objectives.
43. Notice of Bombardment
a. Treaty Provision.
The officer in command of an attacking force must, before
commencing a bombardment, except in cases of assault, do all in
his power to warn the authorities. (HR, art. 26.)
i. Application of Rule. This rule is understood to refer only to
bombardments of places where parts of the civil population remain.
<?. When Warning is To Be Given. Even when belligerents are
not subject to the above treaty, tlie commanders of United States
ground forces will, when the situation permits, inform the enemy of
their intention to bombard a place, so that the noncombatants, espe-
cially the women and children, may be removed before the bombard-
ment commences.
44. Treatment of Inhabitants of Invested Area
a. General Population. The commander of the investing force has
the right to forbid all communications and access between the besieged
place and the outside. However, Article 17, GO (par. 256), requires
that belligerents endeavor to conclude local agreements for the re-
moval from besieged or encircled areas of wounded, sick, infirm, and
aged persons, children and maternity cases, and for the passage of
ministers of all religions, medical personnel, and medical equipment
on their way to such areas. Provision is also made in Article 23 of
the same Convention (par. 262) for the passage of consignments of
medical and hospital stores and objects necessary for the religious
worship of civilians and of essential foodstuffs, clothing, and tonics
intended for children under 15, expectant mothers, and maternity
cases.
Subject to the foregoing exceptions, there is no rule of law which
compels the commander of an investing force to permit noncom-
batants to leave a besieged locality. It is within the discretion of
the besieging commander whether he will permit noncombatants to
leave and under what conditions. Thus, if a commander of a besieged
place expels the noncombatants in order to lessen the logistical burden
lie has to bear, it is lawful, though an extreme measure, to drive them
back, so as to hasten the surrender. Persons who attempt to leave
or enter a besieged place without obtaining the necessary permission
are liable to be fired upon, sent back, or detained.
20
b. Diplomatic and Consular Personnel. Diplomatic and consular
personnel of a neutral State should not be prevented from leaving
a besieged place before hostilities commence, but this privilege can-
not be claimed while hostilities are in progress. Should they volun-
tarily decide to remain, they must undergo the same risks as other
inhabitants.
45. Buildings and Areas To Be Protected
a. Buildings To Be Spared.
In sieges and bombardments all necessary measures must be
taken to spare, as far as possible, buildings dedicated to religion,
art, science, or charitable purposes, historic monuments, hospitals,
and places where the sick and wounded are collected, provided
they are not being used at the time for military purposes.
It is the duty of the besieged to indicate the presence of such
buildings or places by distinctive and visible signs, which shall
be notified to the enemy beforehand. {HR, art. 27.) (See also
GO, arts. 18 and 19; pars. 257 and 258 herein, dealing with the identi-
fication and protection of civilian hospitals.)
b. Areas To Be Protected. In order to protect buildings used
for medical purposes from being accidentally hit, it is desirable that
the wounded and sick should, if possible, be concentrated in an area
remote from military objectives or in an area neutralized by arrange-
ment with the enemy. See GC, arts. 1$, 18, and 19; pars. 253, 257,
and 258 herein, concerning the establishment of hospital and safety
zones and localities.)
46. Such Buildings to Display Sign Specified In Naval Treaty
a. Treaty Provision.
It is the duty of the inhabitants to indicate such monuments,
edifices, or places by visible signs, which shall consist of large
stiff rectangular panels divided diagonally into two coloured tri-
angular portions, the upper portion black, the lower portion
wh ite. (H.IX, art 5, 2d par.)
b. Application of Rule. The foregoing rule adopted in this con-
vention for naval warfare may be adopted for protecting buildings
under bombardment in land warfare.
c. Use of Foregoing for Military Purposes. The besieging forces
are not required to observe the signs indicating inviolability of
buildings that are known to be used for military purposes, such as
quarters, warehouses, observation posts, or signal installations.
47. Pillage Forbidden
The pillage of a town or place, even when taken by assault, is
prohibited. (HS,art. B8.)
21
Section V. STRATAGEMS
48. Stratagems Permissible
Ruses of war and the employment of measures necessary for
obtaining information about the enemy and the country are con-
sidered permissible. (SB, art. 24.)
49. Good Faith
Absolute good faith with the enemy must be observed as a rule of
conduct; but this does not prevent measures such as using spies and
secret agents, encouraging defection or insurrection among the enemy
civilian population, corrupting enemy civilians or soldiers by bribes,
or inducing the enemy's soldiers to desert, surrender, or rebel. In
general, a belligerent may resort to those measures for mystifying
or misleading the enemy against which the enemy ought to take meas-
ures to protect himself.
50. Treachery or Perfidy
Ruses of war are legitimate so long as they do not involve treachery
or perfidy on the part of the belligerent resorting to them. They
are, however, forbidden if they contravene any generally accepted
rule.
The line of demarcation between legitimate ruses and forbidden acta
of perfidy is sometimes indistinct, but the following examples indi-
cate the correct principles- It would be an improper practice to se-
cure an advantage of the enemy by deliberate lying or misleading
conduct which involves a breach of faith, or when there is a moral
obligation to speak the truth. For example, it is improper to feign
surrender so as to secure an advantage over the opposing belligerent
thereby. So similarly, to broadcast to the enemy that an armistice
had been agreed upon when such is not the case would be treacherous.
On the other hand, it is a perfectly proper ruse to summon a force to
surrender on the ground that it is surrounded and thereby induce such
surrender with a small force.
Treacherous or perfidious conduct in war is forbidden because it
destroys the basis for a restoration of peace short of the complete
annihilation of one belligerent by the other.
51. Legitimate Ruses
Among legitimate ruses may be counted surprises, ambushes, feign-
ing attacks, retreats, or flights, simulating quiet and inactivity, use
of small forces to simulate large units, transmitting false or mislead-
ing radio or telephone messages, deception of the enemy by bogus
orders purporting to have been issued by the enemy commander, mak-
ing use of the enemy's signals and passwords, pretending to com-
municate with troops or reinforcements which have no existence, de-
22
ceptive supply movements, deliberate planting of false information,
use of spies and secret agents, moving landmarks, putting up dummy
guns and vehicles or laying dummy mines, erection of dummy in-
stallations and airfields, removing unit identifications from uniforms,
use of signal deceptive measures, and psychological warfare
activities.
52. Improper Use of Identifying Devices
It is especially forbidden * * * to make improper use of a flag
of truce, of the national flag, or of the military insignia and uni-
form of the enemy, as well as the distinctive badges of the Geneva
Convention. (SR, art. $3, par. (/) .)
53. Flags of Truce
Flags of truce must not be used surreptitiously to obtain military
information or merely to obtain time to effect a retreat or secure re-
inforcements or to feign a surrender in order to surprise an enemy.
An officer receiving them is not on this account absolved from the
duty of exercising proper precautions with regard to them.
54. National Flags, Insignia, and Uniforms as a Ruse
In practice, it has been authorized to make use of national flags,
insignia, and uniforms as a ruse. The foregoing rule (SR, art. 23,
par. (/) ) does not prohibit such employment, but does prohibit their
improper use. It is certainly forbidden to employ them during com-
bat, but their use at other times is not forbidden.
55. Improper Use of Distinctive Emblem of Geneva Convention
The use of the emblem of the Red Cross and other equivalent in-:
signia must be limited to the indication or protection of medical units
and establishments, the personnel and material protected by GWS
and other similar conventions. The following are examples of the
improper use of the emblem: Using a hospital or other building
accorded such protection as an observation post or military office or
depot; firing from a building or tent displaying the emblem of the
Red Cross; using a hospital train or airplane to facilitate the escape
of combatants; displaying the emblem on vehicles containing am-
munition or other nonmedical stores; and in general using it for
cloaking acts of hostility.
Sedion VI. TREATMENT OF PROPERTY DURING COMBAT
56. Devastation
The measure of permissible devastation is found in the strict neces-
sities of war. Devastation as an end in itself or as a separate meas-
ure of war is not sanctioned by the law of war. There must be some
reasonably close connection between the destruction of property and
23
the overcoming of the enemy's army. Thus the rule requiring re-
spect for private property is not violated through damage resulting
from operations, movements, or combat activity of the army; that
is, real estate may be used for marches, camp sites, construction of
field fortifications, etc. Buildings may be destroyed for sanitary
purposes or used for shelter for troops, the wounded and sick and
vehicles and for reconnaissance, cover, and defense. Fences, woods,
crops, buildings, etc., may be demolished, cut down, and removed to
clear a field of fire, to clear the ground for landing fields, or to furnish
building materials or fuel if imperatively needed for the army. (See
GO, art. 53; par. 339b; herein, concerning the permissible extent of
destruction in occupied areas.)
57. Protection of Artistic and Scientific Institutions and Historic Monu-
ments
The United States and certain of the American Republics are
parties to the so-called Roerich Pact, which accords a neutralized
and protected status to historic monuments, museums, scientific, ar-
tistic, educational, and cultural institutions in the event of war be-
tween such States. (For its text, see 49 Stat. 3267; Treaty Series
No. 899.)
58. Destruction and Seizure of Property
It is especially forbidden * * * to destroy or seize the enemy's
property, unless such destruction or seizure be imperatively de-
manded by the necessities of war {HR, art. 83, par. (g) .)
59. Booty of War
a. Public Property. All enemy public movable property captured
or found on a battlefield becomes the property of the capturing State.
hi Private Property. Enemy private movable property, other than
arms, military papers, horses, and the like captured or found on a
battlefield, may be appropriated only to the extent that such taking
is permissible in occupied areas (see pars. 405-411).
c. Prisoners of War. The property which prisoners of war are to
be allowed to retain is specified in Article 18, GPW (par. 94),
24
CHAPTER 3
PRISONERS OF WAR
Section I. PERSONS ENTITLED TO BE TREATED AS PRISONERS OF WAR;
RETAINED MEDICAL PERSONNEL
60. General Division of Enemy Population
The enemy population is divided in war into two general classes:
a. Persons entitled to treatment as prisoners of war upon capture,
as defined in Article 4, GPW (par. 61).
b. The civilian population (exclusive of those civilian persons listed
in GPW, art. 4), who benefit to varying degrees from the provisions
of GC (see chs. 5 and 6 herein) .
Persons in each of the foregoing categories have distinct rights,
duties, and disabilities. Persons who are not members of the armed
forces, as defined in Article 4, GPW, who bear arms or engage in
other conduct hostile to the enemy thereby deprive themselves of
many of the privileges attaching to the members of the civilian popu-
lation (see sec. II of this chapter).
61 . Prisoners of War Defined
A. Prisoners of war, in the sense of the present Convention, are
persons belonging to one of the following categories, who have
fallen into the power of the enemy:
(1) Members of the armed forces of a Party to the conflict,
as well as members of militias or volunteer corps form-
ing part of such armed forces.
(2) Members of other militias and members of other volun-
teer corps, including those of organized resistance move-
ments, belonging to a Party to the conflict and operating
in or outside their own territory, even if this territory
is occupied, provided that such militias or volunteer
corps, including such organized resistance movements,
fulfil the following conditions:
(a) that of being commanded by a person responsible for
his subordinates ;
(b) that of having a fixed distinctive sign recognizable at
a distance ;
(c) that of carrying arms openly;
(d) that of conducting their operations in accordance with
the laws and customs of war.
25
Members of regular armed forces who profess allegiance
to a government or an authority not recognized by the
Detaining Power.
Persons who accompany the armed forces without ac-
tually being members thereof, such as civilian members
of military aircraft crews, war correspondents, supply
contractors, members of labour units or of services re-
sponsible for the welfare of the armed forces, provided
that they have received authorization from the armed
forces which they accompany, who shall provide them
for that purpose with an identity card similar to the
annexed model.
Members of crews, including masters, pilots and appren-
tices, of the merchant marine and the crews of civil air-
craft of the Parties to the conflict, who do not benefit
by more favourable treatment under any other provi-
sions of international law.
Inhabitants of a nonoccupied territory, who on the ap-
proach of the enemy spontaneously take up arms to re-
sist the invading forces, without having had time to form
themselves into regular armed units, provided they carry
arms openly and respect the laws and customs of war.
B. The following shall likewise be treated as prisoners of war
under the present Convention:
(1) Persons belonging, or having belonged, to the armed
forces of the occupied country, if the occupying Power
considers it necessary by reason of such allegiance to
intern them, even though it has originally liberated them
while hostilities were going on outside the territory it
occupies, in particular where such persons have made an
unsuccessful attempt to rejoin the armed forces to which
they belong and which are engaged in combat, or where
they fail to comply with a summons made to them with
a view to internment.
(2) The persons belonging to one of the categories enumer-
ated in the present Article, who have been received by
neutral or non-belligerent Powers on their territory and
whom these Powers are required to intern under inter-
national law, without prejudice to any more favourable
treatment which these Powers may choose to give and
with the exception of Articles 8, 10, 15, 30, fifth paragraph,
58-67, 92, 126 and, where diplomatic relations exist be-
tween the Parties to the conflict and the neutral or non-
belligerent Power concerned, those Articles concerning
(3)-
(4)
(5)
(6)
26
the Protecting Power. Where such diplomatic relations
exist, the Parties to a conflict on whom these persons
depend shall be allowed to perform towards them the
functions of a Protecting Power as provided in the pres-
ent Convention, without prejudice to the functions which
these Parties normally exercise in conformity with diplo-
matic and consular usage and treaties.
C. This Article shall in no way affect the status of medical
personnel and chaplains as provided for in Article 33 of the
present Convention. (GPW, art.
62. Combatants and Noncombatants
The armed forces of the belligerent parties may consist of com-
batants and noncombatants. In the case of capture by the enemy,
both have a right to be treated as prisoners of war. {HE, art. 3.)
63. Commandos and Airborne Troops
Commando forces and airborne troops, although operating by
highly trained methods of surprise and violent combat, are entitled,
as long as they are members of the organized armed forces of the
enemy and wear uniform, to be treated as prisoners of war upon
capture, even if they operate singly.
64. Qualifications of Members of Militias and Volunteer Corps
The requirements specified in Article 4, paragraphs A (2) (a) to
(d), <?PW (par. 61) are satisfied in the following fashion:
a. Command by a Responsible Person; This condition is fulfilled
if the commander of the corps is a commissioned officer of the armed
forces or is a person of position and authority or if the members of
the militia or volunteer corps are provided with documents, badges,
or other means of identification to show that they are officers, non-
commissioned officers, or soldiers so that there may be no doubt that
they are not persons acting on their own responsibility. State recog-
nition, however, is not essential, and an organization may be formed
spontaneously and elect its own officers.
b. Fixed Distinctive Sign. The second condition, relative to the
possession of a fixed distinctive sign recognizable at a distance is satis-
fied by the wearing of military uniform, but less than the complete
uniform will suffice. A helmet or headdress which would make the
silhouette of the individual readily distinguishable from that of an
ordinary civilian would satisfy this requirement. It is also desirable
that the individual member of the militia or volunteer corps wear a
badge or brassard permanently affixed to his clothing. It is not neces-
sary to inform the enemy of the distinctive sign, although it may be
desirable to do so in order to avoid misunderstanding.
27
c. Carrying Arms Openly. This requirement is not satisfied by the
carrying of weapons concealed about the person or if the individuals
hide their weapons on the approach of the enemy.
d. Compliance With Law of War. This condition is fulfilled if
most of the members of the body observe the laws and customs of
war, notwithstanding the fact that the individual member concerned
may have committed a war crime. Members of militias and volunteer
corps should be especially warned against employment of treachery,
denial of quarters, maltreatment of prisoners of war, wounded, and
dead, improper conduct toward flags of truce, pillage, and unneces-
sary violence and destruction.
65. The Levee en Masse
If the enemy approaches an area for the purpose of seizing it, the
inhabitants, if they defend it, are entitled to the rights of regular
combatants as a levee en masse (see GPW, art 4, par. A (6) ; par. 61
herein) , although they wear no distinctive sign. In such a case all
the inhabitants of the area may be considered legitimate enemies until
the area is taken. Should some inhabitants of a locality thus take
part in its defense, it might be justifiable to treat all the males of
military age as prisoners of war. Even if inhabitants who formed
the levee en masse lay down their arms and return to their normal
activities, they may be made prisoners of war.
66. Wounded and Sick
Subject to the provisions of Article 12, the wounded and sick
of a belligerent who fall into enemy hands shall be prisoners of
war, and the provisions of international law concerning prisoners
of war shall apply to them. (GWS, art. 14.)
67. Medical Personnel and Chaplains
Medical personnel exclusively engaged in the search for, or
collection, transport or treatment of the wounded or sick, or in
the prevention of disease, staff exclusively engaged in the ad-
ministration of medical units and establishments, as well as
chaplains attached to the armed forces, shall be respected and
protected in all circumstances. (GWS, art.
Members of the medical personnel and chaplains while retained
by the Detaining Power with a view to assisting prisoners of war,
shall not be considered as prisoners of war. They shall, how-
ever, receive as a minimum the benefits and protection of the
present Convention, and shall also be granted all facilities neces-
sary to provide for the medical care of and religious ministration
to prisoners of war.
They shall continue to exercise their medical and spiritual
functions for the benefit of prisoners of war, preferably those
28
belonging to the armed forces Tip on which they depend, within
the scope of the military laws and regulations of the Detaining
Power and under the control of its competent services, in accord-
ance with their professional etiquette. They shall also benefit
by the following facilities in the exercise of their medical or
spiritual functions:
(a) They shall be authorized to visit periodically prisoners
of war situated in working detachments or in hospitals
outside the camp. For this purpose, the Detaining Power
shall place at their disposal the necessary means of
transport.
(b) The senior medical officer in each camp shall be respon-
sible to the camp military authorities for everything con-
nected with the activities of retained medical personnel.
For this purpose, Parties to the conflict shall agree at the
outbreak of hostilities on the subject of the corresponding
ranks of the medical personnel, including that of societies
mentioned in Article 26 of the Geneva Convention for the
Amelioration of the Condition of the Wounded and Sick
in Armed Forces in the Field of August 12, 1949. This
senior medical officer, as well as chaplains, shall have
the right to deal with the competent authorities of the
camp on all questions relating to their duties. Such
authorities shall afford them all necessary facilities for
correspondence relating to these questions.
(c) Although they shall be subject to the internal discipline
of the camp in which they are retained, such personnel
may not be compelled to carry out any work other than
that concerned with their medical or religious duties.
During hostilities, the Parties to the conflict shall agree con-
cerning the possible relief of retained personnel and shall settle
the procedure to be followed.
None of the preceding provisions shall relieve the Detaining
Power of its obligations with regard to prisoners of war from the
medical or spiritual point of view. (GPW, art. 33.)
(See also GWS, arts. 27 and 32; pars. 229 and 233 herein.)
68. Persons Temporarily Performing Medical Functions
Members of the armed forces specially trained for employment,
should the need arise, as hospital orderlies, nurses, or auxiliary
stretcher-bearers, in the search for or the collection, transport or
treatment of the wounded and sick * * * who have fallen into
the hands of the enemy, shall be prisoners of war, but shall be
employed on their medical duties in so far as the need arises.
(GWS, arts. 86 and 29.)
29
684524 0-63 — 3
69. Personnel of Aid Societies
The staff of National Red Cross Societies and that of other
Voluntary Aid Societies, duly recognized and authorized by their
Governments, who may be employed on the same duties as the
personnel named in Article 24, are placed on the same footing as
the personnel named in the said Article, provided that the staff
of such societies are subject to military laws and regulations.
Each High Contracting Party shall notify to the other, either
in time of peace, or at the commencement of or during hostilities,
but in any case before actually employing them, the names of the
societies which it has authorized, under its responsibility, to render
assistance to the regular medical service of its armed forces.
(GWS, art. 26.)
70. Enumeration Not Exhaustive
The enumeration of persons entitled to be treated as prisoners of
war is not exhaustive and does not preclude affording prisoner-of-war
status to persons who would otherwise be subject to less favorable
treatment.
71. Interim Protection
a. Treaty Provision.
The present Convention shall apply to the persons referred to
in Article 4 from the time they fall into the power of the enemy
and until their final release and repatriation.
Should any doubt arise as to whether persons, having committed
a belligerent act and having fallen into the hands of the enemy,
belong to any of the categories enumerated in Article 4, such
persons shall enjoy the protection of the present Convention until
such time as their status has been determined by a competent
tribunal. (GPW,art.6.)
b. Interpretation. The foregoing provision applies to any person
not appearing to be entitled to prisoner-of-war status who has com-
mitted a belligerent act or has engaged in hostile activities in aid of
the armed forces and who asserts that he is entitled t6 treatment as a
prisoner of war or concerning whom any other doubt of a like nature
exists.
c. Competent Tribunal. A "competent tribunal" of the United
States for the purpose of determining whether a person of the nature
described in a above is or is not entitled to prisoner-of-war status is a
board of not less than three officers acting according to such pro-
cedure as may be prescribed for tribunals of this nature.
d. Further Proceedings. Persons who have been determined by a
competent tribunal not to be entitled to prisoner-of-war status may
30
not be executed, imprisoned, or otherwise penalized without further
judicial proceedings to determine what acts tliey have committed and
what penalty should be imposed therefore.
Section II. PERSONS NOT ENTITLED TO BE TREATED AS
PRISONERS OF WAR
72. Certain Persons in Occupied Areas
Persons in occupied areas not falling within the categories set forth
in Article 4, GPW (par. 61), who commit acts hostile to the occu-
pant or prejudicial to his security are subject to a special regime,
concerning which see chapter 6, section VIII. The provisions of the
present section must, in the case of offenses committed in occupied
territory, be read subject to the qualifications set forth in chapter 6,
section VIII (for example, the limitation on punishments prescribed
by GC, art. 68; par. 438 herein).
73. Persons Committing Hostile Acts Not Entitled To Be Treated as
Prisoners of War
If a person is determined by a competent tribunal, acting in con-
formity with Article 5, GPW (par. 71), not to fall within any of the
categories listed in Article 4, GPW (par. 61), he is not entitled to be
treated as a prisoner of war. He is, however, a "protected person"
within the meaning of Article 4, GC (par. 247). (See pars. 247 and
248, concerning the status of such "protected persons" who have en-
gaged in conduct hostile to the opposing belligerent.)
74. Necessity of Uniform
Members of the armed forces of a party to the conflict and mem-
bers of militias or volunteer corps forming part of such armed forces
lose their right to be treated as prisoners of war whenever they
deliberately conceal their status in order to pass behind the military
lines of the enemy for the purpose of gathering military information
or for the purpose of waging war by destruction of life or property.
Putting on civilian clothes or the uniform of the enemy are examples
of concealment of the status of a member of the armed forces.
75. Spies
a. Treaty Provision.
A person can only be considered a spy when, acting clandes-
tinely or on false pretences, he obtains or endeavors to obtain
information in the zone of operations of a belligerent, with the
intention of communicating it to the hostile party.
Thus, soldiers not wearing a disguise who have penetrated into
the zone of operations of the hostile army, for the purpose of
31
obtaining information, are not considered spies. Similarly, the
following are not considered spies: Soldiers and civilians, carry-
ing out their mission openly, intrusted with the delivery of des-
patches intended either for their own army or for the enemy's
army. To this class-belong likewise persons sent in balloons for
the purpose of carrying despatches and, generally, of main-
taining communications between the different parts of an army
or a territory. (HE, art. 29.)
American Statutory Definition. The first paragraph of the
foregoing Hague Regulation has been in effect somewhat modified,
as far as American practice is concerned, by the subsequently enacted
Article 106 of the Uniform Code of Military Justice (64 Stat. 138;
W U. S. C. 700), as follows :
Art. 106. Spies. — Any person who in time of war is found lurk-
ing as a spy or acting as a spy in or about any place, vessel, or
aircraft, within the control or jurisdiction of any of the armed
forces of the United States, or in or about any shipyard, any
manufacturing or industrial plant, or any other place or institu-
tion engaged in work in aid of the prosecution of the war by the
United States, or elsewhere, shall be tried by a general court-
martial or by a military commission and on conviction shall be
punished by death.
c. Article 106 Govern&i Insofar as Article 29, HE, and Article 106,
Uniform Code of Military Justice, are not in conflict with each other,
they will be construed and applied together. Otherwise Article 106
governs American practice.
76. Who Included in Definition
The definition embodied in the Hague Regulations (par. 75a) and
that contained in Article 106 of the Uniform Code of Military Jus-
tice (par. 756) include persons of all classes, whether military or
civilian, without regard to citizenship or sex. Both likewise apply
only where the acts are committed in time of war. The Hague defini-
tion applies only where the information is obtained or sought "in
the zone of operations," while the statutory definition is not so limited.
The latter includes only persons "found lurking as a spy or acting
as a spy" in those places specifically designated "or elsewhere." It
has not been decided whether the phrase "or elsewhere" justifies trial
by a military tribunal of any person who is not found in one of the
places designated or in the field of military operations or territory
under martial law and is not a member of the armed forces or other-
wise subject to the Uniform Code of Military Justice. Persons
charged with espionage committed in the United States outside mili-
tary jurisdiction are nevertheless liable to trial and punishment by
the civil courts under the espionage laws (18 V. S. C. (chap. 37)).
32
77. Employment of Spies Lawful
The foregoing Article 29, HR (par. 75), and Article 24, HR (par.
48), tacitly recognize the well-established right of belligerents to
employ spies and other secret agents for obtaining information of
the enemy. Resort to that practice involves no offense against inter-
national law. Spies are punished, not as violators of the laws of war,
but to render that method of obtaining information as dangerous,
difficult, and ineffective as possible.
78. Punishment
a. Necessity of Trial.
A spy taken in the act shall not be punished without previous
trial. (HR, art. 30.)
■b. Attempts. The spy is punishable with death whether or not he
succeeds in obtaining information or in conveying it to the enemy.
c. Immunity upon Rejoining Own Army.
A spy who, after rejoining the army to which he belongs, is
subsequently captured by the enemy, is treated as a prisoner of
war, and incurs no responsibility for his previous acts of es-
pionage. (HR, art. SI.)
79. Aiding the Enemy
a. American Statutory Definition.
Any person who —
(1) aids or attempts to aid, the enemy with arms, ammuni-
tion, supplies, money, or other thing; or
(2) without proper authority, knowingly harbors or pro-
tects or gives intelligence to, or communicates or cor-
responds with or holds any intercourse with the enemy,
either directly or indirectly; shall suffer death or such
other punishment as a court-martial or military com-
mission may direct. (UCMJ, Art. 104; H Stat. 138; 50
U. S. C, 698.)
b. Interpretation. In time of war, the rule of the above article is
general in its application to all persons whether or not otherwise sub-
ject to military law and without regard to citizenship or military
or civil status, who give aid to an enemy government or persons ad-
hering to it. It may be that this statute, should it be subjected to
judicial interpretation, would be held to authorize the trial of civilians
by military tribunals only when the offense had been committed in
territory under martial law or military government, or within the zone
of military operations, or within areas invaded by the United States,
or within or in the vicinity of a military installation, or in a place
otherwise subject to military jurisdiction. Cases occurring in the
United States outside military jurisdiction are triable by the civil
33
courts under the espionage laws mentioned above (par. 76) and laws
relating to treason {18 V. S. O. {chap. 115) ).
80. Individuals Not of Armed Forces Who Engage in Hostilities
Persons, such as guerrillas and partisans, who take up arms and
commit hostile acts without having complied with the conditions pre-
scribed by the laws of war for recognition as belligerents (see GfPW,
art. 4/ P ar - 61 herein), are, when captured by the injured party, not
entitled to be treated as prisoners of war and may be tried and
sentenced to execution or imprisonment.
8T. Individuals Not of Armed Forces Who Commit Hostile Acts
Persons who, without having complied with the conditions pre-
scribed by the laws of war for recoguition as belligerents (see GfPW,
art. 4; par. 61 herein), commit hostile acts about or behind the lines
of the enemy are not to be treated as prisoners of war and may be
tried and sentenced to execution or imprisonment. Such acts include,
but are not limited to, sabotage, destruction of communications facili-
ties, intentional misleading of troops by guides, liberation of prisoners
of war, and other acts not falling within Articles 104 and 106 of the
Uniform Code of Military Justice and Article 29 of the Hague
Regulations.
82. Penalties for the Foregoing
Persons in the foregoing categories who have attempted, com-
mitted, or conspired to commit hostile or belligerent acts are subject
to the extreme penalty of death because of the danger inherent in their
conduct. Lesser penalties may, however, be imposed.
83. Military Attaches and Diplomatic Representatives of Neutral States
Military attaches and diplomatic representatives of neutral States
who establish their identity as such and are accompanying an army
in the field or are found within a captured fortress, whether within
the territory of the enemy or in territory occupied by it, are not held
as prisoners, provided that they take no part in hostilities. They
may, however, be ordered out of the theater of war, and, if necessary,
handed over by the captor to the ministers of their respective coun-
tries. Only if they refuse to quit the theater of war may they be
interned.
Section III. GENERAL PROTECTION OF PRISONERS OF WAR
84. Duration of Protection
a. Treaty Provision.
The present Convention shall apply to the persons referred to
in Article 4 from the time they fall into the power of the enemy
34
and until their final release and repatriation * * *. (GPW, art.
5; see par. 71 herein.)
b. Power of the Enemy Defined. A person is considered to have
fallen into the power of the enemy when he has been captured by, or
surrendered to members of the military forces, the civilian police, or
local civilian.defense organizations or enemy civilians who have taken
him into custody.
85. Killing of Prisoners
A commander may not put his prisoners to death because their
presence retards his movements or diminishes his power of resistance
by necessitating a large guard, or by reason of their consuming sup-
plies, or because it appears certain that they will regain their liberty
through the impending success of their forces. It is likewise unlawful
for a commander to kill his prisoners on grounds of seif-preservation,
even in the case of airborne or commando operations, although the
circumstances of the operation may make necessary rigorous super-
vision of and restraint upon the movement of prisoners of war.
86. Special Agreements
In addition to the agreements expressly provided for in Articles
10, 23, 28, 33, 60, 65, 66, 67, 72, 73, 7& 109, 110, 118, 119, 122 and 132,
the High Contracting Parties may conclude other special agree-
ments for all matters concerning which they may deem it suitable
to make separate provision. Nospecial agreement shall adversely
affect the situation of prisoners of war, as defined by the present
Convention, nor restrict, the rights which it confers upon them.
Prisoners of war shall continue to have the benefit of such
agreements as long as the Convention is applicable to them, except
where express provisions to the contrary are contained in the
aforesaid or in subsequent agreements, or where more favourable
measures have been taken with regard to them by one or other
of the Parties to the conflict. (GPW t art. 6i)
87. Renunciation of Rights Prohibited
a. Treaty Provision.
Prisoners of war may in no circumstances renounce in part or
in entirety the rights secured to them by the present Convention,
and by the special agreements referred to in the foregoing Article,
if such there be. (GPW, art. 7.)
b. Interpretation. Subject to the exception noted in paragraph
199, prisoners of war are precluded from renouncing not only their
rights but also their status, as prisoners of war, even if they do so
voluntarily. The prohibition extends equally to prisoners renouncing
their status in order to become civilians or to join the armed forces of
the Detaining Power.
35
88. Responsibility for the Treatment of Prisoners
Prisoners of war are in the hands of the enemy Power, but not
of the individuals or military units who have captured them. Ir-
respective of the individual responsibilities that may exist, the
Detaining Power is responsible for the treatment given them.
Prisoners of war may only be transferred by the Detaining
Power to a Power which is a party to the Convention and after the
Detaining Power has satisfied itself of the willingness and ability
of such transferee Power to apply the Convention. ' When pris-
oners of war are transferred under such circumstances, respon-
sibility for the application of the Convention rests on the Power
accepting them while they are in its custody.
Nevertheless, if that Power fails to carry out the provisions of
the Convention in any important respect, the Power by whom the
prisoners of war were transferred shall, upon being notified by
the Protecting Power, take effective measures to correct the situ-
ation or shall request the return of the prisoners of war. Such
requests must be complied with. (GPW, art. 12.)
89. Humane Treatment of Prisoners
Prisoners of war must at all times be humanely treated. Any
unlawful act or omission by the Detaining Power causing death
or seriously endangering the health of a prisoner of war in its
custody is prohibited, and will be regarded as a serious breach
of the present Convention. In particular, no prisoner of war may
be subjected to physical mutilation or to medical or scientific ex-
periments of any kind which are not justified by the medical,
dental or hospital treatment of the prisoner concerned and carried
out in his interest.
Likewise, prisoners of war must at all times be protected, par-
ticularly against acts of violence or intimidation and against in-
sults and public curiosity.
Measures of reprisal against prisoners of war are prohibited.
(GPW, art. 13.)
90. Respect for the Person of Prisoners
Prisoners of war are entitled in all circumstances to respect
for their persons and their honour.
Women shall be treated with all the regard due to their sex and
shall in all cases benefit by treatment as favourable as that
granted to men.
Prisoners of war shall retain the full civil capacity which they
enjoyed at the time of their capture. The Detaining Power may
not restrict the exercise, either within or without its own territory,
of the rights such capacity confers except in so far as the captivity
requ ires. ( GP W, art. 14.)
36
91. Maintenance of Prisoners
The Power detaining prisoners of war shall be bound to pro-
vide free of charge for their maintenance and for the medical
attention required by their state of health. (GPW, art. 15.)
92. Equality of Treatment
a. Treaty Provision.
Taking into consideration the provisions of the present Con-
vention relating to rank and sex, and subject to any privileged
treatment which may be accorded to them by reason of their
state of health, age or professional qualifications, all prisoners
of war shall be treated alike by the Detaining Power, without any
adverse distinction based on race, nationality, religious belief or
political opinions, or any other distinction founded on similar
criteria. (GPW, art. 16.)
i. The foregoing provision does not preclude the segregation of
prisoners of war to maintain order in camps, to impose punishment,
or for medical reasons. (See GPW, art. 79, 5th par./ par. 155
herein.)
Section IV. BEGINNING OF CAPTIVITY
93. Questioning of Prisoners
Every prisoner of war, when questioned on the subject, is bound
to give only his surname, first names and rank, date of birth,
and army, regimental, personal or serial number, or failing; this,
equivalent information.
If he wilfully infringes this rule, he may render himself liable
to a restriction of the privileges accorded to his rank or status.
Each Party to a conflict is required to furnish the persons
under its jurisdiction who are liable to become prisoners of war,
with an identity card showing the owner's surname, first names,
rank, army, regimental, personal or serial number or equivalent
information, and date of birth. The identity card may, further-
more, bear the signature or the fingerprints, or both, of the owner,
and may bear, as well, any other information the Party to the
conflict may wish to add concerning persons belonging to its
armed forces. As far as possible the card shall measure 6.5 x
10 cm. and shall be issued in duplicate. The identity card shall
be shown by the prisoner of war upon demand, but may in no
case be taken away from him.
No physical or mental torture, nor any other form of coercion,
may be inflicted on prisoners of war to secure from them informa-
tion of any kind whatever. Prisoners of war who refuse to
answer may not be threatened, insulted, or exposed to unpleasant
or disadvantageous treatment of any kind.
37
Prisoners of war who, owing: to their physical or mental condi-
tion, are unable to state their identity, shall be handed over to
the medical service. The identity of such prisoners shall be es-
tablished by all possible means, subject to the provisions of the
preceding paragraph.
The questioning of prisoners of war shall be carried out in a
language which they understand. (GPW, art. 17.)
94. Property of Prisoners
a. Treaty Provision.
All effects and articles of personal use, except arms, horses,
military equipment and military documents, shall remain in the
possession of prisoners of war, likewise their metal helmets and
gas masks and like articles issued for personal protection. Ef-
fects and articles used for their clothing or feeding shall like-
wise remain in their possession, even if such effects and articles
belong to their regulation military equipment.
At no time should prisoners of war be without identity docu-
ments. The Detaining Power shall supply such documents to
prisoners of war who possess none.
Badges of rank and nationality, decorations and articles having
above all a personal or sentimental value may not be taken from
prisoners of war.
Sums of money carried by prisoners of war may not be taken
away from them except by order of an officer, and after the
amount and particulars of the owner have been recorded in a
special register and an itemized receipt has been given, legibly
inscribed with the name, rank and unit of the person issuing the
said receipt. Sums in the currency of the Detaining Power, or
which are changed into such currency at the prisoner's request,
shall be placed to the credit of the prisoner's account as provided
in Article 64.
The Detaining Power may withdraw articles of value from
prisoners of war only for reasons of security; when such articles
are withdrawn, the procedure laid down for sums of money im-
pounded shall apply.
Such objects, likewise sums taken away in any currency other
than that of the Detaining Power and the conversion of which
has not been asked for by the owners, shall be kept in the custody
of the Detaining Power and shall be returned in their initial
shape to prisoners of war at the end of their captivity. (GPW,
art. 18.)
b. Transactions With Prisoners. It is not proper for members of
the forces of the Detaining Power to engage in bartering and other
transactions "with prisoners of war concerning their personal effects.
38
c. Unexplained Possession of Large Sums of Money by Prisoners
of War. The unexplained possession by a prisoner of war of a large
sum of money justifiably leads to the inference that such funds are not
his own property and are in fact either property of the enemy govern-
ment or property which has been looted or otherwise stolen.
95. Evacuation of Prisoners
Prisoners of war shall be evacuated, as soon as possible after
their capture, to camps situated in an area far enough from the
combat zone for them to be out of danger.
Only those prisoners of war who, owing to wounds or sickness,
would run greater risks by being evacuated than by remaining
where they are, may be temporarily kept back in a danger zone.
Prisoners of war shall not be unnecessarily exposed to danger
while awaiting evacuation from a fighting zone. (GPW, art. 19.)
96. Conditions of Evacuation
The evacuation of prisoners of war shall always be effected
humanely and in conditions similar to those for the forces of the
Detaining Power in their changes of station.
The Detaining Power shall supply prisoners of war who are
being evacuated with sufficient food and potable water, and with
the necessary clothing and medical attention. The Detaining
Power shall take all suitable precautions to ensure their safety
during evacuation, and shall establish as soon as possible a list
of the prisoners of war who are evacuated.
If prisoners of war must, during evacuation, pass through
transit camps, their stay in such camps shall be as brief as
possible. (GPW, art. 20 c )
Section V. INTERNMENT OF PRISONERS GENERALLY
97. Restriction of Liberty of Movement
The Detaining Power may subject prisoners of war to. intern-
ment. It may Impose on them the obligation of not leaving, be-
yond certain limits, the camp where they are interned, or if the
said camp is fenced in, of not going outside its perimeter. Sub-
ject to the provisions of the present Convention relative to penal
and disciplinary sanctions, prisoners of war may not be held in
close confinement except where necessary to safeguard their
health and then only during the continuation of the circum-
stances which make such confinement necessary. (GPW, art. 21,
1st far. )
98. Places and Conditions of Internment
Prisoners of war may be interned only in premises located on
land and affording every guarantee of hygiene and healthfulness.
39
Except in particular cases which are justified by the interest of
the prisoners themselves, they shall not be interned in peni-
tentiaries.
Prisoners of war interned in unhealthy areas, or where the
climate is injurious for them, shall be removed as soon as pos-
sible to a more favourable climate.
The Detaining Power shall assemble prisoners of war in camps
or camp compounds according to their nationality, language
and customs, provided that such prisoners shall not be separated
from prisoners of war belonging to the armed forces with which
they were serving at the time of their capture, except with their
consent. (OPW, art. 22.)
99. Security of Prisoners
No prisoner of war may at any time be sent to, or detained in
areas where he may be exposed to the fire of the combat zone,
nor may his presence be used to render certain points or areas
immune from military operations.
Prisoners of war shall have shelters against air bombardment
and other hazards of war, to the same extent as the local civilian
population. With the exception of those engaged in the pro-
tection of their quarters against the aforesaid hazards, they may
enter such shelters as soon as possible after the giving of the
alarm. Any other protective measure taken in favor of the popu-
lation shall also apply to them.
Detaining Powers shall give the Powers concerned, through
the intermediary of the Protecting Powers, all useful informa-
tion regarding the geographical location of prisoner of war
camps.
Whenever military considerations permit, prisoner of war
camps shall be indicated in the day-time by the letters PW or
PG, placed so as to be clearly visible from the air. The Powers
concerned may, however, agree upon any other system of marking.
Only prisoner of war camps shall be marked as such. (OPW,
art. S3.)
100. Permanent Transit Camps
Transit or screening camps of a permanent kind shall be fitted
out under conditions similar to those described in the present
Section, and the prisoners therein shall have the same treatment
as in other camps. (GPW, art
Section VI. QUARTERS, FOOD, AND CLOTHING
10T. Quarters
Prisoners of war shall be quartered under conditions as fa-
vourable as those for the forces of the Detaining Power who are
40
billeted in the same area. The said conditions shall make allow-
ance for the habits and customs of the prisoners and shall in no
case be prejudicial to their health.
The foregoing provisions shall apply in particular to the dormi-
tories of prisoners of war as regards both total surface and mini-
mum cubic space, and the general installations, bedding and
blankets.
The premises provided for the use of prisoners of war indi-
vidually or collectively, shall be entirely protected from damp-
ness and adequately heated and lighted, in particular between
dusk and lights out. All precautions must be taken against the
danger of fire.
In any camps in which women prisoners of war, as well as men,
are accommodated, separate dormitories shall be provided for
them. (GFW,art.£6.)
102. Food
The basic daily food rations shall be sufficient in quantity,
quality and variety to keep prisoners of war in good health and
prevent loss of weight or the development of nutritional de-
ficiencies. Account shall also be taken of the habitual diet of the
prisoners.
The Detaining Power shall supply prisoners of war who work
with such additional rations as are necessary for the labour on
which they are employed.
Sufficient drinking water shall be supplied to prisoners of war.
The use of tobacco shall be permitted.
Prisoners of war shall, as far as possible, be associated with
the preparation of their meals; they may be employed for that
purpose in the kitchens. Furthermore, they shall be given the
means of preparing, themselves, the additional food in their
possession.
Adequate premises shall be provided for messing.
Collective disciplinary measures affecting food are prohibited.
(OPW, art. 26.)
103. Clothing
Clothing, underwear and footwear shall be supplied to prisoners
of war in sufficient quantities by the Detaining Power, which shall
make allowance for the climate of the region where the prisoners
are detained. Uniforms of enemy armed forces captured by the
Detaining Power should, if suitable for the climate, be made avail-
able to clothe prisoners of war.
The regular replacement and repair of the above articles shall
be assured by the Detaining Power. In addition, prisoners of war
41
who work shall receive appropriate clothing, wherever the nature
of the work demands. (GPW, art. 27.)
104. Canteens
Canteens shall be installed in all camps, where prisoners of war
may procure foodstuffs, soap and tobacco and ordinary articles in
daily use. The tariff shall never be in excess of local market
prices.
The profits made by camp canteens shall be used for the benefit
of the prisoners; a special fund shall be created for this purpose.
The prisoners' representative shall have the right to collaborate
in the management of the canteen and of this fund.
When a camp is closed down, the credit balance of the special
fund shall be handed to an international welfare organization, to
be employed for the benefit of prisoners of war of the same nation-
ality as those who have contributed to the fund. In case of a
general repatriation, such profits shall be kept by the Detaining
Power, subject to any agreement to the contrary between the
Powers concerned. {GPW, art. %8.)
105. Cost of Quarters, Food, and Clothing
Prisoners, including officers, are furnished quarters, food, and
clothing without cost to them.
Section VII. HYGIENE AND MEDICAL ATTENTION
106. Hygiene
The Detaining Power shall be bound to take all sanitary meas-
ures necessary to ensure the cleanliness and healthfulness of
camps and to prevent epidemics.
Prisoners of war shall have for their use, day and night, con-
veniences which conform to the rules of hygiene and are main-
tained in a constant state of cleanliness. In any camps in which
women prisoners of war are accommodated, separate conven-
iences shall be provided for them.
Also, apart from the baths and showers with which the camps
shall be furnished, prisoners of war shall be provided with suf-
ficient water and soap for their personal toilet and for washing
their personal laundry; the necessary installations, facilities and
time shall be granted them for that purpose. (GPW, art. 29.)
107. Medical Attention
Every camp shall have an adequate infirmary where prisoners
of war may have the attention they require, as well as appropriate
diet. Isolation wards shall, if necessary, be set aside for cases
of contagious or mental disease.
42
Prisoners of war suffering from serious disease, or whose con-
dition necessitates special treatment, a surgical operation or hos-
pital care, must be admitted to any military or civilian medical
unit where such treatment can be given, even if their repatriation
is contemplated in the near future. Special facilities shall be
afforded for the care to be given to the disabled, in particular to
the blind, and for their rehabilitation, pending repatriation.
Prisoners of war shall have the attention, preferably, of medical
personnel of the Power on which they depend and, if possible, of
their nationality.
Prisoners of war may not be prevented from presenting them-
selves to the medical authorities for examination. The detaining
authorities shall, upon request, issue to every prisoner who has
undergone treatment, an official certificate indicating the nature
of his illness or injury, and the duration and kind of treatment
received. A duplicate of this certificate shall be forwarded to
the Central Prisoners of War Agency.
The costs of treatment, including those of any apparatus neces-
sary for the maintenance of prisoners of war in good health, par-
ticularly dentures and other artificial appliances, and spectacles,
shall be borne by the Detaining Power. (GPW, art. 30.)
108. Medical Inspections
Medical inspections of prisoners of war shall be held at least
Once a month. They shall include the checking and the recording
of the weight of each prisoner of war. Their purpose shall be,
in particular, to supervise the general state of health, nutrition
and cleanliness of prisoners and to detect contagious diseases, es-
pecially tuberculosis, malaria and venereal disease. For this
purpose the most efficient methods available shall be employed,
e. g n periodic mass miniature radiography for the early detection
of tuberculosis. {GPW, art. 31.)
109. Prisoners Engaged on Medical Duties
Prisoners of war who, though not attached to the medical serv-
ice of their armed forces, are physicians, surgeons, dentists, nurses
or medical orderlies, may be required by the Detaining Power to
exercise their medical functions in the interests of prisoners of
war dependent on the same Power. In that case they shall con-
tinue to be prisoners of war, but shall receive the same treatment
as corresponding medical personnel retained by the Detaining
Power. They shall be exempted from any other work under Ar-
ticle 49. (GPW, arf.Se.)
43
Section Vlir. RELIGIOUS, INTELLECTUAL, AND PHYSICAL ACTIVITIES
110. Religious Freedoms
Prisoners of war shall enjoy complete latitude in the exercise
of their religions duties, including attendance at the service of
their faith, on condition that they comply with the disciplinary
routine prescribed by the military authorities.
Adequate premises shall be provided where religious services
may be held. {GPW, art. 34.)
111. Retained Chaplains
Chaplains who fall into the hands of the enemy Power and who
remain or are retained with a view to assisting prisoners of war,,
shall be allowed to minister to them and to exercise freely their
ministry amongst prisoners of war of the same religion, in ac-
cordance with their religious conscience. They shall be allocated
among the various camps and labour detachments containing pris-
oners of war belonging to the same forces, speaking the same
language or practising the same religion. They shall enjoy the
necessary facilities, including the means of transport provided
for in Article 33, for visiting the prisoners of war outside their
camp. They shall be free to correspond, subject to censorship,
on matters concerning their religious duties with the ecclesiastical
authorities in the country of detention and with international
religious organizations. Letters and cards which they may send
for this purpose shall be in addition to the quota provided for in
Article 71. (OPW, art. 35.)
112. Prisoners Who Are Ministers of Religion
Prisoners of war who are ministers of religion, without having
officiated as chaplains to their own forces, shall be at liberty,
whatever their denomination, to minister freely to the members
of their community. For this purpose, they shall receive the
same treatment as the chaplains retained by the Retaining Power.
They shall not be obliged to do any other work. (GPW, art. 36.)
1 1 3. Prisoners Without a Minister of Their Religion
When prisoners of war have not the assistance of a retained
chaplain or of a prisoner of war minister of their faith, a minister
belonging to the prisoners' or a similar denomination, or in his
absence a qualified layman, if such a course is feasible from a
confessional point of view, shall be appointed, at the request of
the prisoners concerned, to fill this office. This appointment, sub-
ject to the approval of the Detaining Power, shall take place with
the agreement of the community of prisoners concerned and,
wherever necessary, with the approval of the local religious
44
authorities of the same faith. The person thus appointed shall
comply with all regulations established by the Detaining Power
in the interests of discipline and military security. (GPW,art. 37.)
114. Recreation, Study, Sports, and Games
While respecting the individual preferences of every prisoner,
the Detaining Power shall encourage the practice of intellectual,
educational, and recreational pursuits, sports and games amongst
prisoners, and shall take the measures necessary to ensure the
exercise thereof by providing them with adequate premises, and
necessary equipment.
Prisoners shall have opportunities for taking physical exercise,
including sports and games, and for being out of doors. Sufficient
open spaces shall be provided for this purpose in all camps.
(GPW,art.3S.)
Section IX. DISCIPLINE
115. Administration
Every prisoner of war camp shall be put under the immediate
authority of a responsible commissioned officer belonging to the
regular armed forces of the Detaining Power. Such officer shall
have in his possession a copy of the present Convention ; he shall
ensure ihat its provisions are known to the camp staff and the
guard and shall be responsible, under the direction of his gov-
ernment, for its application.
Prisoners of war, with the exception of officers, must salute and
show to all officers of the Detaining Power the external marks of
respect provided for by the regulations applying in their own
forces.
Officer prisoners of war are bound to salute only officers of a
higher rank of the Detaining Power; they must however, salute
the camp commander regardless of his rank. (GPW, art. 39.)
116. Badges and Decorations
The wearing of badges of rank and nationality, as well as of
decorations, shall be permitted. (GPW, art. 40.)
117. Posting of the Convention and of Regulations and Orders Con-
cerning Prisoners
In every camp the text of the present Convention and its An-
nexes and the contents of any special agreement provided for in
Article 6, shall be posted, in the prisoners' own language, in places
where all may read them. Copies shall be supplied, on request,
to the prisoners who cannot have access to the copy which has
been posted.
Regulations, orders, notices and publications of every kind
relating to the conduct of prisoners of war shall be issued to them
45
6B4524 0-63— 4
in a language which they understand. Such regulations, orders
and publications shall be posted in the manner described above
and copies shall be handed to the prisoners' representative. Every
order and command addressed to prisoners of war individually
must likewise be given in a language which they understand.
(GPW , art. 41.)
118. Use of Weapons
The use of weapons against prisoners of war, especially against
those who are escaping or attempting to escape, shall constitute
an extreme measure, which shall always be preceded by warnings
appropriate to the circumstances. (GPW, art. 4$.)
Section X. RANK OF PRISONERS OF WAR
119. Notification of Ranks
Upon the outbreak of hostilities, the Parties to the conflict shall
communicate to one another the titles and ranks of all the persons
mentioned in Article 4 of the present Convention, in order to en-
sure equality of treatment between prisoners of equivalent rank.
Titles and ranks which are subsequently created shall form the
subject of similar communications.
The Detaining Power shall recognize promotions. in rank which
have been accorded to prisoners of war and which have been duly
notified by the Power on which these prisoners depend. (GPW,
art. 4$-)
120. Treatment of Officers
Officers and prisoners of equivalent status shall be treated with
regard due to their rank and age.
In order to ensure service in officers' camps, other ranks of the
same armed forces who, as far as possible, speak the same lan-
guage, shall be assigned in sufficient numbers, account being taken
of the rank of officers and prisoners of equivalent status. Such
orderlies shall not be required to perform any other work.
Supervision of the mess by the officers themselves shall be
facilitated in every way. (GPW, art. 44.)
121. Treatment of Other Prisoners
Prisoners of war other than officers and prisoners of equivalent
status shall be treated with the regard due to their rank and age.
Supervision of the mess by the prisoners themselves shall be
facilitated in every way. (GPW, art. 4&>)
46
Section XI. TRANSFER OF. PRISONERS OF WAR
122. Conditions
The Detaining Power, when deciding upon the transfer of pris-
oners of war, shall take into account the interests of the prisoners
themselves, more especially so as not to increase the difficulty of
their repatriation.
The transfer of prisoners of war shall always be effected hu-
manely and in conditions not less favourable than those under
which the forces of the Detaining Power are transferred. Ac-
count shall always be taken of the climatic conditions to which
the prisoners of war are accustomed and the conditions of transfer
shall in no case be prejudicial to their health.
The Detaining Power shall supply prisoners of war during trans-
fer with sufficient food and drinking water to keep them in good
health, likewise the necessary clothing, shelter and medical at-
tention. The Detaining Power shall take adequate precautions
especially in case of transport by sea or by air, to ensure their
safety during transfer, and shall draw up a complete list of all
transferred prisoners before their departure. (GPW, art. 46.)
123. Circumstances Precluding Transfer
Sick or wounded prisoners of war shall not be transferred as
long as their recovery may be endangered by the journey, unless
their safety imperatively demands it.
If the combat zone draws closer to a camp, the prisoners of war
in the said camp shall not be transferred unless their transfer can
be carried out in adequate conditions of safety, or unless they
are exposed to greater risks by remaining on the spot than by
being transferred. (GPW, art. 47.)
124. Procedure for Transfer
In the event of transfer, prisoners of war shall be officially ad-
vised of their departure and of their new postal address. Such
notifications shall be given in time for them to pack their luggage
and inform their next of kin.
They shall be allowed to take with them their personal effects,
and the correspondence and parcels which have arrived for them.
Th? weight of such baggage may be limited, if the conditions of
transfer so require, to what each prisoner can reasonably carry,
which shall in no case be more than twenty-five kilograms
[55 pounds] per head.
47
Mail and parcels addressed to their former camp shall be for-
warded to them without delay. The camp commander shall take,
in agreement with the prisoners' representative, any measures
needed to ensure the transport of the prisoners' community prop-
erty and of the luggage they are unable to take with them in con-
sequence of restrictions imposed by virtue of the second para-
graph of this Article.
The costs of transfers shall be borne by. the Detaining Power.
(GPW, art. 48.)
Section Xlt. LABOR OF PRISONERS OF WAR
125. General
The Detaining Power may utilize the labour of prisoners of
war who are physically fit, taking into account their age, sex,
rank and physical aptitude, and with a view particularly to main-
taining them in a good state of physical and mental health.
Non-commissioned officers who are prisoners of war shall only
be required to do supervisory work. Those not so required may
ask for other suitable work which shall, so far as possible, be
found for them.
If officers or persons of equivalent status ask for suitable work,
it shall be found for them, so far as possible, but they may in no
circumstances be compelled to work, (CfPW, art. Ift.)
126. Authorized Work
Besides work connected with camp administration, installation
or maintenance, prisoners of war may be compelled to do only
such work as is included in the following classes:
(a) agriculture;
(b) industries connected with the production or the extrac-
tion of raw materials, and manufacturing industries, with
the exception of metallurgical, machinery and chemical
industries; public works and building operations which
have no military character or purpose;
(c) transport and handling of stores which are not military
in character or purpose;
(d) commercial business, and arts and crafts;
(e) domestic service;
(f) public utility services having no military character or
purpose.
Should the above provisions be infringed, prisoners of war shall
be allowed to exercise their right of complaint, in conformity
with Article 78. (GPW , art. 50.)
48
127. Working Conditions
Prisoners of war must be granted suitable working conditions,
especially as regards accommodation, food, clothing and equip-
ment; such conditions shall not be inferior to those enjoyed
by nationals of the Detaining Power employed in similar work;
account shall also be taken of climatic conditions.
The Detaining Power, in utilizing the labour of prisoners of
war, shall ensure that in areas in which such prisoners are em-
ployed, the national legislation concerning the protection of
labour, and, more particularly, the regulations for the safety of
workers, are duly applied.
Prisoners of war shall receive training and be provided with
the means of protection suitable to the work they will have to do
and similar to those accorded to the nationals of the Detaining
Power. Subject to the provisions of Article 52, prisoners may
be submitted to the normal risks run by these civilian workers.
Conditions of labour shall in no case be rendered more arduous
by disciplinary measures. (GPW, art. 51.)
128. Dangerous or Humiliating Labor
Unless he be a volunteer, no prisoner of war may be employed
on labour which is of an unhealthy or dangerous nature.
No prisoner of war shall be assigned to labour which would be
looked upon as humilitating for a member of the Detaining
Power's own forces.
The removal of mines or similar devices shall be considered as
dangerous labour. (GPW, art. 62.)
129. Duration of Labor
The duration of the daily labour of prisoners of war, including
the time of the journey to and fro, shall not be excessive, and must
in no case exceed that permitted for civilian workers in the dis-
trict, who are nationals of the Detaining Power and employed on
the same work.
Prisoners of war must be allowed, in the middle of the day's
work, a rest of not less than one hour. This rest will be the same
as that to which workers of the Detaining Power are entitled, if
the latter is of longer duration. They shall be allowed in addi-
tion a rest of twenty-four consecutive hours every week, pref-
erably on Sunday or the day of rest in their country of origin.
Furthermore, every prisoner who has worked for one year shall
be granted a rest of eight consecutive days, during which his
working pay shall be paid him.
If methods of labour such as piece work are employed, the
length of the working period shall not be rendered excessive
thereby. (GPW, art. 53.)
49
130. Working Pay and Occupational Accidents and Disease
The working pay due to prisoners of war shall be fixed in ac*
cordance with the provisions of Article 62 of the present
Convention.
Prisoners of war who sustain accidents in connection with
work, or who contract a disease in the course, or in consequence
of their work, shall receive all the care their condition may re-
quire. The Detaining Power shall furthermore deliver to such
prisoners of war a medical certificate enabling them to submit
their claims to the Power on which they depend, and shall send
a duplicate to the Central Prisoners of War Agency provided for
in Article 123. (GPW, art.
131. Medical Supervision
The fitness of prisoners of war for work shall be periodically
verified by medical examinations at least once a month. The
examinations shall have particular regard to the nature of the
work which prisoners of war are required to do.
If any prisoner of war considers himself incapable of working,
he shall be permitted to appear before the medical authorities
of his camp. Physicians or surgeons may recommend that the
prisoners who are, in their opinion, unfit for work, be exempted
therefrom. (GPW, art. 65.)
132. Labor Detachments
The organization and administration of labour detachments
shall be similar to those of prisoner of war camps.
Every labour detachment shall remain under the control of and
administratively part of a prisoner of war camp. The military
authorities and the commander of the said camp shall be respon-
sible, under the direction. of their government, for the observance
of the provisions of the present Convention in labour detachments.
The camp commander shall keep an up-to-date record of the
labour detachments dependent on his camp, and shall communi-
cate it to the delegates of the Protecting Power, of the Interna-
tional Committee of the Red Cross, or of other agencies giving
relief to prisoners of war, who may visit the camp. {GPW,
art. 66.)
133. Prisoners Working for Private Employers
The treatment of prisoners of war who work for private per-
sons, even if the latter are responsible for guarding and protect-
ing them, shall not be inferior to that which is provided for by the
present Convention. The Detaining Power, the military authori-
ties and the commander of the camp to which such prisoners
belong shall be entirely responsible for the maintenance, care,
50
treatment, and payment of the working pay of such prisoners of
war.
Such prisoners of war shall have the right to remain in com-
munication with the prisoners' representatives in the camps on
which they depend. (GPW, art. 57.)
Section XIII. FINANCIAL RESOURCES OF PRISONERS OF WAR
134. Ready Money
Upon the outbreak of hostilities, and pending an arrangement
on this matter with the Protecting Power, the Detaining Power
may determine the maximum amount of money in cash or in any
similar form, that prisoners may have in their possession. Any
amount in excess, which was properly in their possession and
which has been taken or withheld from them, shall be placed to
their account, together with any monies deposited by them, and
shall not be converted into any other currency without their
consent.
If prisoners of war are permitted to purchase services or com-
modities outside the camp against payment in cash, such payments
shall be made by the prisoner himself or by the camp adminis-
tration who will charge them to the accounts of the prisoners
concerned. The Detaining Power will establish the necessary
rules in this respect. (GPW, art. 68.)
1 35. Amounts in Cash Taken From Prisoners
Cash which was taken from prisoners of war, in accordance
with Article 18, at the time of their capture, and which is in the
currency of the Detaining Power, shall be placed to their separate
accounts, in accordance with the provisions of Article 64 of the
present Section.
The amounts, in the currency of the Detaining Power, due to
the conversion of sums in other currencies that are taken from
the prisoners of war at the same time, shall also be credited to
their separate accounts. ( GPW, art. 69.)
1 36. Advances of Pay
The Detaining Power shall grant all prisoners of war a monthly
advance of pay, the amount of which shall be fixed by conversion,
into the currency of the said Power, of the following amounts:
Category I : Prisoners ranking below sergeants: eight
Swiss francs.
Category II : Sergeants and other non-commissioned of-
ficers, or prisoners of equivalent rank: twelve
Swiss francs.
51
Category III : Warrant officers and commissioned officers be*
low the rank of major or prisoners of equiv-
alent rank: fifty Swiss francs.
Category IV : Majors, lieutenant-colonels, colonels, or pris-
oners of equivalent rank: sixty Swiss francs.
Category V : General officers or prisoners of war of equiv-
alent rank: seventy-five Swiss francs.
However, the Parties to the conflict concerned may by special
agreement modify the amount of advances of pay due to prisoners
of the preceding categories.
Furthermore, if the amounts indicated in the first paragraph
above would be unduly high compared with the pay of the Detain-
ing Power's armed forces or would, for any reason, seriously em-
barrass the Detaining Power, then, pending the conclusion of a
special agreement with the Power on which the prisoners depend
to vary the amounts indicated above, the Detaining Power:
(a) shall continue to credit the accounts of the prisoners with
the amounts indicated in the first paragraph above;
(ft) may temporarily limit the amount made available from
these advances of pay to prisoners of war for their own
use, to sums which are reasonable, but -which, for Category
I, shall never be inferior to the amount that the Detaining
Power gives to the members of its own armed forces.
The reasons for any limitations will be given without delay to
the Protecting Power. {GPW, art. 60.)
137. Supplementary Pay
The Detaining Power shall accept for distribution as supple-
mentary pay to prisoners of war sums which the Power on which
the prisoners depend may forward to them, on condition that
the sums to be paid shall be the same for each prisoner of the
same category, shall be payable to all prisoners of that category
depending on that Power, and shall be placed in their separate
accounts, at the earliest opportunity, in accordance with the pro-
visions of Article 64. Such supplementary pay shall not relieve
the Detaining Power of any obligation under this Convention.
{GPW, art. 61.)
138. Working Pay
Prisoners of war shall be paid a fair working rate of pay by
the detaining authorities direct. The rate shall be fixed by the
said authorities, but shall at no time be less than one-fourth of
one Swiss franc for a full working day. The Detaining Power
shall inform prisoners of war, as well as the Power on which they
depend, through the intermediary of the Protecting Power, of
the rate of daily working pay that it has fixed.
52
Working pay shall likewise be paid by the detaining authorities
to prisoners of war permanently detailed to duties or to a skilled
or semi-skilled occupation in connection with the administration,
installation or maintenance of camps, and to the prisoners who
are required to carry out spiritual, or medical duties on behalf
of their comrades.
The working pay of the prisoners' representative, of his ad-
visers, if any, and of his assistants, shall be paid out of the fund
maintained by canteen profits. The scale of this working pay
shall be fixed by the prisoners' representative and approved by the
camp commander. If there is no such fund, the detaining au-
thorities shall pay these prisoners a fair working rate of pay.
(GPW, art. 62.)
1 39. Transfer of Funds
Prisoners of war shall be permitted to receive remittances of
money addressed to them individually or collectively.
Every prisoner of war shall have at his disposal the credit bal-
ance of his account as provided for in the following Article, within
the limits fixed by the Detaining Power, which shall make such
payments as are requested. Subject to financial or monetary
restrictions which the Detaining Power regards as essential, pris-
oners of war may also have payments made abroad. In this case
payments addressed by prisoners of war to dependents shall be
given priority.
In any event, and subject to the consent of the Power on which
they depend, prisoners may have payments made in their own
country, as follows: the Detaining Power shall send to the afore-
said Power through the Protecting Power, a notification giving all
the necessary particulars concerning the prisoners of war, the
beneficiaries of the payments, and the amount of the sums to be
paid, expressed in the Detaining Power's currency. The said noti-
fication shall be signed by the prisoners and countersigned by the
camp commander. The Detaining Power shall debit the pris-
oners' account by a corresponding amount; the sums thus debited
shall be placed by it to the credit of the Power on which the pris-
oners depend.
To apply the foregoing provisions, the Detaining Power may
usefully consult the Model Regulations in Annex V of the present
Convention. ( GPW, art. 63.)
1 40. Prisoners' Accounts
The Detaining Power shall hold an account for each prisoner
of war, showing at least the following:
(1) The amounts due to the prisoner or received by him as
advances of pay, as working pay or derived from any
53
other source ; the sums in the currency of the Detaining
Power which were taken from him; the sums taken front
him and converted at his request into the currency of the
said Power.
(2) The payments made to the prisoner in cash, or in any other
similar form; the payments made on his behalf and at his
request; the sum transferred under Article 63, third
paragraph. (GPW, art. 6}.)
141. Management of Prisoners' Accounts
Every item entered into the account of a prisoner of war shall
be countersigned or initialled by him, or by the prisoners' repre-
sentative acting on his behalf.
Prisoners of war shall at all times be afforded reasonable
facilities for consulting and obtaining copies of their accounts,
which may likewise be inspected by the representatives of the
Protecting Powers at the time of visits to the camp.
When prisoners of war are transferred from one camp to an-
other, their personal accounts will follow them. In case of trans-
fer from one Detaining Power to another, the monies which are
their property and are not in the currency of the Detaining Power
will follow them. They shall be given certificates for any other
monies standing to the credit of their accounts.
The Parties to the conflict concerned may agree to notify to
each other at specific intervals through the Protecting Power,
the amount of the accounts of the prisoners of war. (GPW,
arti 65.)
142. Winding Up of Accounts
On the termination of captivity, through the release of a pris-
oner of war or his repatriation, the Detaining Power shall give
him. a statement, signed by an authorized officer of that Power,
showing the credit balance then due to him. The Detaining
Power shall also send through the Protecting Power to the gov-
ernment upon which the prisoner of war depends, lists giving all
appropriate particulars of all prisoners of war whose captivity
has been terminated by repatriation, release, escape, death or any
other means, and showing the amount of their credit balances.
Such lists shall be certified on each sheet by an authorized repre-
sentative of the Detaining Power.
Any of the above provisions of this Article may be varied by
mutual agreement between any two Parties to the conflict.
The Power on which the prisoner of war depends shall be re-
sponsible for settling with him any credit balance due to him
from the Detaining Power on the termination of his captivity.
{GPW, art. 66.)
54
143. Adjustments Between Parties to the Conflict
Advances of pay, issued to prisoners of war in conformity
with Article 60, shall be considered as made on behalf of the
Power on which they depend. Such advances of pay, as well as
all payments made by the said Power under Article 63, third
paragraph, and Article 68, shall form the subject of arrange-
ments between the Powers concerned, at the close of hostilities.
{GPW, art. 67.)
144. Claims for Compensation
Any claim by a prisoner of war for compensation in respect
of any injury or other disability arising out of work shall be
referred to the Power on which he depends, through the Protect-
ing Power. In accordance with Article 54, the Detaining Power
will, in all cases, provide the prisoner of war concerned with a
statement showing the nature of the injury or disability, the cir-
cumstances in which it arose and particulars of medical or hos-
pital treatment given for it. This statement will be signed by a
responsible officer of the Detaining Power and the medical par-
ticulars certified by a medical officer.
Any claim by a prisoner of war for compensation in respect
of personal effects, monies or valuables impounded by the De-
taining Power under Article 18 and not forthcoming on his
repatriation, or in respect of loss alleged to be due to the fault
of the Detaining Power or any of its servants, shall likewise be
referred to the Power on which he depends. Nevertheless, any
such personal effects required for use by the prisoners of war
whilst in captivity shall be replaced at the expense of the De-
taining Power. The Detaining Power will, in all cases, provide
the prisoner of war with a statement, signed by a responsible
officer, showing all available information regarding the reasons
why such effects, monies or valuables have not been restored to
him. A copy of this statement will be forwarded to the Power
on which he depends through the Central Prisoners of War
Agency provided for in Article 123. (GPW, art. 68.)
Section XIV. RELATIONS OF PRISONERS OF WAR WITH THE EXTERIOR
145. Notification of Measures Taken
Immediately upon prisoners of war falling into its power, the
Detaining Power shall inform them and the Powers on which
they depend, through the Protecting Power, of the measures
taken to carry out the provisions of the present Section. They
shall likewise inform the parties concerned of any subsequent
modifications of such measures. (GPW, art. 69.)
55
146. Capture Card
Immediately upon capture, or not more than one week after
arrival at a camp, even if it is a transit camp, likewise in case of
sickness or transfer to hospital or to another camp, every prisoner
of war shall be enabled to write direct to his family, on the one
hand, and to the Central Prisoners of War Agency provided for
in Article 123, on the other hand, a card similar, if possible, to the
model annexed to the present Convention, informing his relatives
of his capture, address and state of health. The said cards shall
be forwarded as rapidly as possible and may not be delayed in
any manner. (GPW, art. 70.)
147. Correspondence
Prisoners of war shall be allowed to send and receive letters
and cards. If the Detaining Power deems it necessary to limit
the number of letters and cards sent by each prisoner of war,
the said number shall not be less than two letters and four cards
monthly, exclusive of the capture cards provided for in Article 70,
and conforming as closely as possible to the models annexed to
the present Convention. Further limitations may be imposed
only if the Protecting Power is satisfied that it would be in the
interests of the prisoners of war concerned to do so owing to
difficulties of translation caused by the Detaining Power's in-
ability to find sufficient qualified linguists to carry out the neces-
sary censorship. If limitations must be placed on the correspond-
ence addressed to prisoners of war, they may be ordered only by
the Power on which the prisoners depend, possibly at the request
of the Detaining Power. Such letters and cards must be con-
veyed by the most rapid method at the disposal of the Detaining
Power; they may not be delayed or retained for disciplinary
reasons.
Prisoners of war who have been without news for a long period,
or who are unable to receive news from their next of kin or to
give them news by the ordinary postal route, as well as those
who are at a great distance from their homes, shall be permitted
to send telegrams, the fees being charged against the prisoners
of war's accounts with the Detaining Power or paid in the cur-
rency at their disposal. They shall likewise benefit by this meas-
ure in cases of urgency.
As a general rule, the Correspondence of prisoners of war shall
be written in their native language. The Parties to the conflict
may allow correspondence in other languages.
Sacks containing prisoner of war mail must be securely sealed
and labeled so as clearly to indicate their contents, and must be
addressed to offices of destination. (GPW, art. 71.)
56
148. Relief Shipments
Prisoners of war shall be allowed to receive by post or by any
other means individual parcels or collective shipments contain-
ing, in particular, foodstuffs, clothing, medical supplies and arti-
cles of a religious, educational or recreational character which
may meet their needs, including books, devotional articles, scien-
tific equipment, examination papers, musical instruments, sports
outfits and materials allowing prisoners of war to pursue their
studies or their cultural activities.
Such shipments shall in no way free the Detaining Power
from the obligations imposed upon it by virtue of the present
Convention,
The only limits which may be placed on these shipments shall
be those proposed by the Protecting Power in the interest of the
prisoners themselves, or by the International Committee of the
Red Cross or any other organization giving assistance to the
prisoners, in respect of their own shipments only, on account
of exceptional strain on transport or communications.
The conditions for the sending of individual parcels and col-
lective relief shall, if necessary, be the subject of special agree-
ments between the Powers concerned, which may in no case
delay the receipt by the prisoners of relief supplies. Books may
not be included in parcels of clothing and foodstuffs. Medical
supplies shall, as a rule, be sent in collective parcels. {GPW,
art. 72.)
149. Special Agreements for Collective Relief Shipments
In the absence of special agreements between the Powers con-
cerned on the conditions for the receipt and distribution of col-
lective relief shipments, the rules and regulations concerning
collective shipments, which are annexed to the present Conven-
tion, shall be applied.
The special agreements referred to above shall in no case
restrict the right of prisoners' representatives to take possession
of collective relief shipments intended for prisoners of war, to
proceed to their distribution or to dispose of them in the interest
of the prisoners.
Nor shall such agreements restrict the right of representatives
of the Protecting Power, the International Committee of the Red
Cross or any other organization giving assistance to prisoners of
war and responsible for the forwarding of collective shipments,
to supervise their distribution to the recipients. (GPW, art. 78.)
57
150. Exemption From Postal and Transport Charges
a. Treaty Provision.
All relief shipments for prisoners of war shall be exempt from
import, customs and other dues.
Correspondence, relief shipments and authorized remittances
of money addressed to prisoners of war or despatched by them
through the post office, either direct or through the Information
Bureaux provided for in Article 122 and the Central Prisoners of
War Agency provided for in Article 123, shall be exempt from
any postal dues, both in the countries of origin and destination,
and in intermediate countries.
If relief shipments intended for prisoners of war cannot be
sent through the post office by reason of weight or for any other
cause, the cost of transportation shall be borne by the Detaining
Power in all the territories under its control. The other Powers
party to the Convention shall bear the cost of transport in their
respective territories.
In the absence of special agreements between the Parties con-
cerned, the costs connected with transport of such shipments,
other than costs covered by the above exemption, shall be charged
to the senders.
The High Contracting Parties shall endeavour to reduce, so far
as possible, the rates charged for telegrams sent by prisoners of
war, or addressed to them. (GPW, art. 74-)
b. The Universal Postal Convention provides that correspondence,
parcel post, insured letters and boxes and postal money orders ad-
dressed to, or sent "by, prisoners of war and interned civilians are
exempt from postal charges. (Article 37, Universal Postal Conven-
tion of 1952, T.I. A. S. 2800.)
To enjoy these franking privileges the article must bear the nota-
tion "Service des prisonniers de guerre" (Prisoners of War Service)
or "Service des internes" (Internees Service) which may be followed
by a translation.
151. Special Means of Transport
Should military operations prevent the Powers concerned from
fulfilling their obligation to assure the transport of the ship-
ments referred to in Articles 70, 71, 72 and 77, the Protecting
Powers concerned, the International Committee of the Red Cross
or any other organization duly approved by the Parties to the
conflict may undertake to ensure the conveyance, of such ship-
ments by suitable means (railway wagons, motor vehicles, vessels
or aircraft, etc.). For this purpose, the High Contracting Parties
shall endeavour to supply them with such transport and to allow
its circulation, especially by granting the necessary safe-conducts.
Such transport may also be used to convey:
58
(a) correspondence, lists and reports exchanged between the
Central Information Agency referred to in Article 123
and the National Bureaux referred to in Article 122;
(b) correspondence and reports relating to prisoners of war
which the Protecting Powers, the International Com-
mittee of the Red Cross or any other body assisting the
prisoners, exchange either with their own delegates or
with the Parties to the conflict
These provisions in no way detract from the right of any Party
to the conflict to arrange other means of transport, if it should so
prefer, nor preclude the granting of safe-conducts, under mutu-
ally agreed conditions, to such means of transport.
In the absence of special agreements, the costs occasioned by
the use of such means of transport shall be borne proportionately
by the Parties to the conflict whose nationals are benefited thereby.
{GPW,art.75.)
152. Censorship, and Examination
The censoring of correspondence addressed to prisoners of war
or despatched by them shall be done as quickly as possible. Mail
shall be censored only by the despatching State and the receiving
State, and once only by each.
The examination of consignments intended for prisoners of war
shall not be carried out under conditions that will expose the
goods contained in them to deterioration; except in the case of
written or printed matter, it shall be done in the presence of the
addressee, or of a fellow-prisoner duly delegated by him. The
delivery to prisoners of individual or collective consignments shall
not be delayed under the pretext of difficulties of censorship.
Any prohibition of correspondence ordered by Parties to the
conflict, either for military or political reasons, shall be only
temporary and its duration shall be as short as possible.- (GPW,
art. 76.)
153. Preparation, Execution, and Transmission of Legal Documents
The Detaining Powers shall provide all facilities for the trans-
mission, through .the Protecting Power or the Central Prisoners
of War Agency provided for in Article 123, of instruments, papers
or documents intended for prisoners of war or despatched by them,
especially powers of attorney and wills.
In all cases they shall facilitate the preparation and execution
of such documents on behalf of prisoners of war; in particular,
they shall allow them to consult a lawyer and shall take what
measures are necessary for the authentication of their signatures.
(GPW, art. 77.)
59
Section XV. RELATIONS OF PRISONERS OF WAR AND THE AUTHORITIES
154. Complaints and Requests
Prisoners of war shall have the right to make known to the
military authorities in whose power they are, their requests re-
garding the conditions of captivity to which they are subjected.
They shall also have the unrestricted right to apply to the
representatives of the Protecting Powers either through their
prisoners' representative or, if they consider it necessary, direct,
in order to draw their attention to any points on which they may
have complaints to make regarding their conditions of captivity.
These requests and complaints shall not be limited nor con-
sidered to be a part of the correspondence quota referred to in
Article 71. They must be transmitted, immediately. Even if
they are recognized to be unfounded, they may not give rise to
any punishment.
Prisoners' representatives may send periodic reports on the
situation in the camps and the needs of the prisoners of war to
the representatives of the Protecting Powers. (GPW, art. 78.)
155. Election of Prisoners' Representatives
In all places where there are prisoners of war, except- in those
where there are officers, the prisoners shall freely elect by secret
ballot, every six months, and also in case of vacancies, prisoners'
representatives entrusted with representing them before the mili-
tary authorities, the Protecting Powers, the International Com-
mittee of the Red Cross and any other organization which may
assist them. These prisoners' representatives shall be eligible
for re-election.
In camps for officers and persons of equivalent status or in
mixed camps, the senior officer among the prisoners of war shall
be recognized as the camp prisoners' representative. In camps
for officers, he shall be assisted by one or more advisers chosen
by the officers; in mixed camps, his assistants shall be chosen
from among the prisoners of war who are not officers and shall
be elected by them.
Officer prisoners of war of the same nationality shall be sta-
tioned in labour camps for prisoners of war, for the purpose of
carrying out the camp administration duties for which the pris-
oners of war are responsible. These officers may be elected as
prisoners' representatives under the first paragraph of this Arti-
cle. In such a case the assistants to the prisoners' representa-
tives shall be chosen from among those prisoners of war who are
not officers.
Every representative elected must be approved by the Detaining
Power before he has the right to commence his duties. Where
60
the Detaining Power refuses to approve a prisoner of war elected
by his fellow prisoners of war, it must inform the Protecting
Power of the reason for such refusal.
In all cases the prisoners' representative must have the same
nationality, language and customs as the prisoners of war whom
he represents. Thus, prisoners of war distributed in different
sections of a camp, according to their nationality, language or
customs, shall have for each section their own prisoners' repre-
sentative, in accordance with the foregoing paragraphs. {GPW,
art. 79.)
156. Duties of Prisoners' Representatives
a. Treaty Provision.
Prisoners' representatives shall further the physical, spiritual
and intellectual well-being of prisoners of war.
In particular, where the prisoners decide to organize amongst
themselves a system of mutual assistance, this organization will
be within the province of the prisoners' representative, in addi-
tion to the special duties entrusted to him by other provisions of
the present Convention.
Prisoners' representatives shall not be held responsible, simply
by reason of their duties, for any offences committed by prisoners
of war. (GPW, art. 80.)
b. Rights and Duties. The rights and duties of prisoners' repre-
sentatives are set forth in the following articles of GPW: 57 (par.
133) ; 78-81 (pars. 154-157) ; 98 (par. 174) ; 104 (par. 180) ; 107 (par.
183) ; 125 (par. 206) ; and 127 (par. 14).
157. Prerogatives of Prisoners' Representatives
Prisoners' representatives shall not be required to perform any
other work, if the accomplishment of their duties is thereby made
more difficult.
Prisoners' representatives may appoint from amongst the pris-
oners such assistants as they may require. All material facilities
shall be granted them, particularly a certain freedom of move-
ment necessary for the accomplishment of their duties (inspection
of labour detachments, receipt of supplies, etc.).
Prisoners' representatives shall be permitted to visit premises
where prisoners of war are detained, and every prisoner of war
shall have the right to consult freely his prisoners' representative.
All facilities shall likewise be accorded to the prisoners' repre-
sentatives for communication by post and telegraph with the de-
taining authorities, the Protecting Powers, the International
Committee of the Red Cross and their delegates, the Mixed Medi-
cal Commissions and the bodies which give assistance to prisoners
of war. Prisoners' representatives of labour detachments shall
684524 0-63 — 5
61
enjoy the same facilities for communication with the prisoners'
representatives of the principal camp. Such communications
shall not be restricted, nor considered as forming a part of the
quota mentioned in Article 71.
Prisoners' representatives who are transferred shall be allowed
a reasonable time to acquaint their successors with current
affairs.
In case of dismissal, the reasons therefor shall be communi-
cated to the Protecting Power. (GPW, art. 81.)
Section XVI. PENAL AND DISCIPLINARY SANCTIONS
158. Applicable Legislation
a. Prisoners of War,
A prisoner of war shall be subject to the laws, regulations
and orders in force in the armed forces of the Detaining Power;
the Detaining Power shall be justified in taking judicial or dis-
ciplinary measures in respect of any offence committed by a
prisoner of war against such laws, regulations or orders. How-
ever, no proceedings or punishments contrary to the provisions
of this Chapter shall be allowed.
If any law, regulation or order of the Detaining Power shall
declare acts committed by a prisoner of war to be punishable,
whereas the same acts would not be punishable if committed by a
member of the forces of the Detaining Power, such acts shall en-
tail disciplinary punishments only. {GPW, art, 82.)
b. Retained Medical Personnel, Chaplains, and Persons of Like
Status. Retained medical personnel, chaplains, and persons of like
status benefit from the disciplinary and penal safeguards prescribed
by Articles 82-108, GPW (pars. 158-184).
1 59. Choice of Disciplinary or Judicial Proceeding
In deciding whether proceedings in respect of an offence al-
leged to have been committed by a prisoner of war shall be judicial
or disciplinary, the Detaining Power shall ensure that the com-
petent authorities exercise the greatest leniency and adopt, wher-
ever possible, disciplinary rather than judicial measures. (GPW,
art. 83,)
160. Courts
A prisoner of war shall be tried only by a military court, unless
existing laws of the Detaining Power expressly permit the civil
courts to try a member of the armed forces of the Detaining
Power in respect of the particular offence alleged to have been
committed by the prisoner of war.
In no circumstances whatever shall a prisoner of war be tried
by a court of any kind which does not offer the essential guaran-
62
tees of independence and impartiality as generally recognized,
and, in particular, the procedure of which does not afford the
accused the rights and means of defence provided for in Article
105. {GPW, art. 8£.)
161. Acts Committed Before Capture
a. Treaty Provision.
Prisoners of war prosecuted under the laws of the Detaining
Power for acts committed prior to capture shall retain, even if
convicted, the benefits of the present Convention. {GPW, art. 85. )
b. Applicability. The foregoing provision applies only to person-
nel who are entitled to treatment as prisoners of war, including pris-
oners accused of war crimes under international or national law.
c. In signing and ratifying GPW several nations indicated that
they would not consider themselves bound by the obligation which
follows from the foregoing provision to extend the application of the
Convention to prisoners of war who have been convicted of having
committed war crimes and crimes against humanity and that per-
sons so convicted would be subject to the conditions obtaining in the
country in question for those who undergo punishment.
162. Repetition of Punishment
No prisoner of war may be punished more than once for the
same act or on the same charge. (GPW, art. 86.)
163. Penalties
a. Treaty Provision.
Prisoners of war may not be sentenced by the military authori-
ties and courts of the Detaining Power to any penalties except
those provided for in respect of members of the armed forces of
the said Power who have committed the same acts.
When fixing the penalty, the courts or authorities of the De-
taining Power shall take into consideration, to the widest extent
possible, the fact that the accused, not being a national of the
Detaining Power, is not bound to it by any duty of allegiance, and
that he is in its power as the result of circumstances independent
of his own will. The said courts or authorities shall be at liberty
to reduce the penalty provided for the violation of which the pris-
oner of war is accused, and shall therefore not be bound to apply
the minimum penalty prescribed.
Collective punishment for individual acts, corporal punish-
ment, imprisonment in premises without daylight and, in general,
any form of torture or cruelty, are forbidden.
No prisoner of war may be deprived of his rank by the Detaining
Power, or prevented from wearing his badges. {GPW, art. 87.)
b. Persons to Whom Applicable. The foregoing provision applies
63
only to personnel who are entitled to treatment as prisoners of war,
including prisoners accused of war crimes.
164. Execution of Penalties
Officers, non-commissioned officers and men who are prisoners
of war undergoing a disciplinary or judicial punishment, shall not
be subjected to more severe treatment than that applied in respect
of the same punishment to members of the armed forces of the
Detaining Power of equivalent rank.
A woman prisoner of war shall not be awarded or sentenced to
a punishment more severe, or treated whilst undergoing punish-
ment more severely, than a woman member of the armed forces
of the Detaining Power dealt with for a similar offence.
In no case may a woman prisoner of war be awarded or sen-
tenced to a punishment more severe, or treated whilst undergoing
punishment more severely, than a male member of the armed
forces of the Detaining Power dealt with for a similar offence.
Prisoners of war who have served disciplinary or judicial sen-
tences may not be treated differently from other prisoners of
war. (GPW,art.88.)
165. Forms of Disciplinary Punishment
The disciplinary punishments applicable to prisoners of war
are the following:
(1) A fine which shall not exceed 50 per cent of the advances
of pay and working pay which the prisoner of war would
otherwise receive under the. provisions of Articles 60 and
62 during a period of not more than thirty days.
(2) Discontinuance of privileges granted over and above the
treatment provided for by the present Convention.
(3) Fatigue duties not exceeding two hours daily.
(4) Confinement.
The punishment referred to under (3) shall not be applied to
officers.
In no case shall disciplinary punishments be inhuman, brutal
or dangerous to the health of prisoners of war. {GPW, art. 89,)
166. Duration of Disciplinary Punishment
The duration of any single punishment shall in no case exceed
thirty days. Any period of confinement awaiting the hearing of
a disciplinary offence or the award of disciplinary punishment
shall be deducted from an award pronounced against a prisoner
of war.
The maximum of thirty days provided above may not be ex-
ceeded, even if the prisoner of war is answerable for several acts
64
at the same time when he is awarded punishment, whether such
acts are related or not.
The period between the pronouncing of an award of disciplinary
punishment and its execution shall not exceed one month.
When a prisoner of war is awarded a further disciplinary pun-
ishment, a period of at least three days shall elapse between the
execution of any two of the punishments, if the duration of one
of these is ten days or more. {GPW, art. 90.)
167. Successful Escape
The escape of a prisoner of war shall be deemed to have suc-
ceeded when:
(1) he has joined the armed forces of the Power on which he
depends, or those of an allied Power;
(2) he has left the territory under the control of the De-
taining Power, or of an ally of the said Power;
(3) he has joined a ship flying the flag of the Power on which
he depends, or of an allied Power, in the territorial
waters of the Detaining Power, the said ship not being
under the control of the last named Power.
Prisoners of war who have made good their escape in the sense
of this Article and who are recaptured, shall not be liable to any
punishment in respect of their previous escape. (GPW, art. 91$
168. Unsuccessful Escape
A prisoner of war who attempts to escape and is recaptured
before having made good his escape in the sense of Article 91
shall be liable only to a disciplinary punishment in respect of
this act, even if it is a repeated offence,
A prisoner of war who is recaptured shall be handed over with-
out delay to the competent military authority.
Article 88, fourth paragraph, notwithstanding, prisoners of
war punished as a result of an unsuccessful escape may be sub-
jected to special surveillance. Such surveillance must not affect
the state of their health, must be undergone in a prisoner of
war camp, and must not entail the suppression of any of the safe-
guards granted them by the present Convention. (GPW, art. 92.)
169. Connected Offenses
Escape or attempt to escape, even if it is a repeated offence, shall
not be deemed an aggravating circumstance if the prisoner of war
is subjected to trial by judicial proceedings in respect of an
offence committed during his escape or attempt to escape.
In conformity with the principle stated in Article 83, offences
committed by prisoners of war with the sole intention of fa-
cilitating their escape and which do not entail any violence
65
against life or limb, such as offences against public property, theft
without intention of self-enrichment, the drawing up or use of
false papers, or the wearing of civilian clothing, shall occasion
disciplinary punishment only.
Prisoners of war who aid or abet an escape or an attempt to
escape shall be liable on this count to disciplinary punishment
only. (GPW,art. 93.)
170. Notification of Recapture
If an escaped prisoner of war is recaptured, the Power on which
he depends shall be notified thereof in the manner defined in
Article 122, provided notification of his escape has been made.
(GPW, art. H.)
171. Confinement Awaiting Hearing
A prisoner of war accused of an offence against discipline shall
not be kept in confinement pending the hearing unless a member
of the armed forces of the Detaining Power would be so kept if
he were accused of a similar offence, or if it is essential in the
interests of camp order and discipline.
Any period spent by a prisoner of war in confinement awaiting
the disposal of an offense against discipline shall be reduced
to an absolute minimum and shall not exceed fourteen days.
The provisions of Articles 97 and 98 of this Chapter shall apply
to prisoners of war who are In confinement awaiting the disposal
of offences against discipline. (GPW t art. 95.)
172. Competent Authorities and Right of Defense
a. Treaty Provision.
Acts which constitute offences against discipline shall be in-
vestigated immediately.
Without prejudice to the competence of courts and superior
military authorities, disciplinary punishment may be ordered
only by an officer having disciplinary powers in his capacity as
camp commander, or by a responsible officer who replaces him or
to whom, he has delegated his disciplinary powers.
In no case may such powers be delegated to a prisoner of war
or be exercised by a prisoner of war.
Before any disciplinary award is pronounced, the accused shall
be given precise information regarding the offences of which he
is accused, and given an opportunity of explaining his conduct
and of defending himself. He shall be permitted, in particular,
to call witnesses and to have recourse, if necessary, to the services
of a qualified interpreter. The decision shall be announced to the
accused prisoner of war and to the prisoners' representative.
66
A record of disciplinary punishments shall be maintained by
the camp commander and shall be open to inspection by repre-
sentatives of the Protecting Power. (GPW, art. 96.)
b. Officers Exercising Disciplinary Jurisdiction. Either a camp
commander, or a responsible officer who replaces him, or an officer to
whom he has delegated disciplinary powers may impose disciplinary
punishments on prisoners of war interned by the United States within
the permissible limits established in Article 89, GPW (par. 165). It
is not necessary that he be designated as summary court officer, and he
is not subject to the limitations on the duration of commanding officers'
nonjudicial punishment established by Article 15 of the Uniform Code
of Military Justice.
173. Premises for Execution of Punishment
Prisoners of war shall not in any case be transferred to peni-
tentiary establishments (prisons, penitentiaries, convict prisons,
etc.) to undergo disciplinary punishment therein.
All premises in which disciplinary punishments are undergone
shall conform to the sanitary requirements set forth in Article 25.
A prisoner of war undergoing punishment shall be enabled to
keep himself in a state of cleanliness, in conformity with Article
29.
Officers and persons of equivalent status shall not be lodged in
the same quarters as non-commissioned officers or men.
Women prisoners of war undergoing disciplinary punishment
shall be confined in separate quarters from male prisoners of war
and shall be under the immediate supervision of women. (GPW,
art. 97.)
174. Essential Safeguards During Punishment
A prisoner of war undergoing confinement as a disciplinary
punishment, shall continue to enjoy the benefits of the provisions
of this Convention except in so far as these are necessarily ren-
dered inapplicable by the mere fact that he is confined. In no
case may he be deprived of the benefits of the provisions of
Articles 78 and 126.
A prisoner of war awarded disciplinary punishment may not
be deprived of the prerogatives attached to his rank.
Prisoners of war awarded disciplinary punishment shall be al-
lowed to exercise and to stay in the open air at least two hours
daily.
They shall be allowed, on their request, to be present at the
daily medical inspections. They shall receive the attention which
their state of health requires and, if necessary, shall be removed
to the camp infirmary or to a hospital.
67
They shall have permission to read and write, likewise to send
and receive letters. Parcels and remittances of money however,
may be withheld from them until the completion of the punish-
ment; they shall meanwhile be entrusted to the prisoners' repre-
sentative, who will hand over to the infirmary the perishable
goods contained in such parcels. {GPW, art. 98.)
175. Judicial Proceedings: General Principles
No prisoner of war may be tried or sentenced for an act which
is not forbidden by the law of the Detaining Power or by inter-
national law, in force at the time the said act was committed.
No moral or physical coercion may be exerted on a prisoner of
war in order to induce him to admit himself guilty of the act of
which he is accused.
No prisoner of war may be convicted without having had an
opportunity to present his defence and the assistance of a quali-
fied advocate or counsel. {GPW, art. 99.)
176. Death Penalty
Prisoners of war and the Protecting Powers shall be informed
as soon as possible of the offences which are punishable by the
death sentence under the laws of the Detaining Power.
Other offences shall not thereafter be made punishable by the
death penalty without the concurrence of the Power on which the
prisoners of war depend.
The death sentence cannot be pronounced on a prisoner of war
unless the attention of the court has, in accordance with Article
87, second paragraph, been particularly called to the fact that
since the accused is not a national of the Detaining Power, he is not
bound to it by any duty of allegiance, and that he is in its power
as the result of circumstances independent of his own will.
{GPW, art. 100.)
1 77. Delay in Execution of the Death Penalty
If the death penalty is pronounced on a prisoner of war, the
sentence shall not be executed before the expiration of a period
of at least six months from the date when the Protecting Power
receives, at an indicated address, the detailed communication
provided for in Article 107. {GPW, art. 101.)
1 78. Conditions for Validity of Sentence
a. Treaty Provision.
A prisoner of war can be validly sentenced only if the sentence
has been pronounced by the same courts according to the same
procedure as in the case of members of the armed forces of the
Detaining Power, and if, furthermore, the provisions of the pres-
ent Chapter have been observed. {GPW, art. 102.)
68
b. Interpretation. Prisoners of war, including those accused of
war crimes against whom judicial proceedings are instituted, are sub-
ject to the jurisdiction of United States courts-martial and military
commissions. They are entitled to the same procedural safeguards
accorded to military personnel of the United States who are tried by
courts-martial under the Uniform Code of Military Justice or by
other military tribunals under the laws of war. (See UCMJ, arts.
£ (9), 18, and SI.)
179. Confinement Awaiting Trial
Judicial investigations relating to a prisoner of war shall be
conducted as rapidly as circumstances permit and so that his trial
shall take place as soon as possible. A prisoner of war shall not
be confined while awaiting trial unless a member of the armed
forces of the Detaining Power would be so confined if he were
accused of a similar offence, or if it is essential to do so in the
interests of national security. In no circumstances shall this
confinement exceed three months.
Any period spent by a prisoner of war in confinement awaiting
trial shall be deducted from any sentence of imprisonment passed
upon him and taken into account in fixing any penalty.
The provisions of Articles 97 and 98 of this Chapter shall apply
to a prisoner of war whilst in confinement awaiting trial. (GPW,
art. 103.)
180. Notification of Proceedings
In any case in which the Detaining Power has decided to in-
stitute judicial proceedings against a prisoner of war, it shall
notify the Protecting Power as soon as possible and at least three
weeks before the opening of the trial. This period of three weeks
shall run as from the day on which such notification reaches the
Protecting Power at the address previously indicated by the latter
to the Detaining Power.
The said notification shall contain the following information:
(1) Surname and first names of the prisoner of war, his rank,
his army, regimental, personal or serial number, his date
of birth, and his profession or trade, if any;
(2) Place of internment or confinement;
(3) Specification of the charge or charges on which the pris-
oner of war is to be arraigned, giving the legal provisions
applicable;
(4) Designation of the court which will try the case, likewise
the date and place fixed for the opening of the trial.
The same communication shall be made by the Detaining Power
to the prisoners' representative.
If no evidence is submitted, at the opening of a trial, that the
notification referred to above was received by the Protecting
69
Power, by the prisoner of war and by the prisoners' representative
concerned, at least three weeks before the opening of the trial,
then the latter cannot take place and must be adjourned.
(GPW, art. 10k)
181. Rights and Means of Defense
The prisoner of war shall be entitled to assistance by one of his
prisoner comrades, to defence by a qualified advocate or counsel
of his own choice, to the calling of witnesses and, if he deems
necessary, to the services of a competent interpreter. He shall be
advised of these rights by the Detaining Power in due time before
the trial.
Failing a choice by the prisoner of war, the Protecting Power
shall find him an advocate or counsel, and shall have at least one
week at its disposal for the purpose. The Detaining Power shall
deliver to the said Power, on request, a list of persons qualified
to present the defence. Failing a choice of an advocate or coun-
sel by the prisoner of war or the Protecting Power, the Detaining
Power shall appoint a competent advocate or counsel to conduct
the defence.
The advocate or counsel conducting the defence on behalf of
the prisoner of war shall have at his disposal a period of two
weeks at least before the opening of the trial, as well as the neces-
sary facilities to prepare the defence of the accused. He may, in
particular, freely visit the accused and interview him in private.
He may also confer with any witnesses for the defence, including
prisoners of war. He shall have the benefit of these facilities
until the term of appeal or petition has expired.
Particulars of the charge or charges on which the prisoner of
war is to be arraigned, as well as the documents which are gen-
erally communicated to the accused by virtue of the laws in
force in the armed forces of the Detaining Power, shall be com-
municated to the accused prisoner of war in a language which he
understands, and in good time before the opening of the trial.
The same communication in the same circumstances shall be made
to the advocate or counsel conducting the defence on behalf of
the prisoner of war.
The representatives of the Protecting Power shall be entitled
to attend the trial of the case, unless, exceptionally, this is held
in camera in the interest of State security. In such a case the
Detaining Power shall advise the Protecting Power accordingly.
{GPW, art. 105.)
182. Appeals
Every prisoner of war shall have, in the same manner as the
members of the armed forces of the Detaining Power, the right
70
of appeal or petition from any sentence pronounced upon him,
with a view to the quashing or revising of the sentence or the
reopening of the trial. He shall be fully informed of his right
to appeal or petition and of the time limit within which he may
do so. (GPW,art.l06.)
183. Notification of Finding and Sentence
Any judgment and sentence pronounced upon a prisoner of
war shall be immediately reported to the Protecting Power in
the form of a summary communication, which shall also indicate
whether he has the right of appeal with a view to the quashing
of the sentence or the reopening of the trial. This communica-
tion shall likewise be sent to the prisoners' representative con-
cerned. It shall also be sent to the accused prisoner of war in
a language he understands, if the sentence was not pronounced in
his presence. The Detaining Power shall also immediately com-
municate to the Protecting Power the decision of the prisoner of
war to use or to waive his right of appeal.
Furthermore, if a prisoner of war is finally convicted or if a
sentence pronounced on a prisoner of war in the first instance is
a death sentence, the Detaining Power shall as soon as possible
address to the Protecting Power a detailed communication
containing :
(1) the precise wording of the finding and sentence;
(2) a summarized report of any preliminary investigation
and of the trial, emphasizing in particular the elements
of the prosecution and the defence;
(3) notification, where applicable, of the establishment where
the sentence will be served.
The communications provided for in the foregoing sub-
paragraphs shall be sent to the Protecting Power at the address
previously made known to the Detaining Power. (GPW, art. 107.)
184. Execution of Penalties
Sentences pronounced on prisoners of war after a conviction
has become duly enforceable, shall be served in the same establish-
ments and under the same conditions as in the case of members
of the armed forces of the Detaining Power. These conditions
shall in all cases conform to the requirements of health and
humanity.
A woman prisoner of war on whom such a sentence has been
pronounced shall be confined in separate quarters and shall be
under the supervision of women.
In any case, prisoners of war sentenced to a penalty depriving
them of their liberty shall retain the benefit of the provisions of
Articles 78 and 126 of the present Convention. Furthermore,
71
they shall be entitled to receive and despatch correspondence, to
receive at least one relief parcel monthly, to take regular exercise
in the open air, to have the medical care required by their state
of health, and the spiritual assistance they may desire. Penalties
to which they may be subjected shall be in accordance with the
provisions of Article 87, third paragraph. {GPW, art. 108.)
Section XVII. TERMINATION OF CAPTIVITY
T85. Parole Permitted If Laws of Their Country Allow
a. Treaty Provision.
Prisoners of war may be partially or wholly released on parole
or promise, in so far as is allowed by the laws of the Power on
which they depend. Such measures shall be taken particularly
in cases where this may contribute to the improvement of their
state of health. No prisoner of war shall be compelled to accept
liberty on parole or promise.
Upon the outbreak of hostilities, each Party to the conflict shall
notify the adverse Party of the laws and regulations allowing or
forbidding its own nationals to accept liberty on parole or promise.
Prisoners of war who are paroled or who have given their promise
in conformity with the laws and regulations so notified, are bound
on their personal honour scrupulously to fulfil, both towards the
Power on which they depend and towards the Power which has
captured them, the engagements of their paroles or promises.
In such cases, the Power on which they depend is bound neither
to require nor to accept from them any service incompatible with
the parole or promise given. (GPW, art. %1, 2d and 3d pars.)
h. Violation of Parole. Persons who violate the terms of their
paroles are, upon recapture, treated as prisoners of war but may be
punished under the provisions of Article 134 of the Uniform Code
of Military Justice for violation of parole.
186. Form and Substance of Parole
The parole should be in writing and signed by the prisoner. It
should state in clear and unequivocal language exactly what acts the
prisoner is obligated not to do, particularly as to whether he is bound
to refrain from all acts against the captor or only from taking part
directly in military operations.
187. Parole of United States Personnel
a. General Prohibition. Subject to the exception set forth in the
following subparagraph, military personnel of the United States
Army are forbidden to give their parole to a Detaining Power.
b. Temporary Parole. A member of the United States Army may
be authorized to give his parole to the enemy that he will not attempt
72
to escape, if such parole is authorized for the specific purpose of per-
mitting him to perform certain acts materially contributing to the
welfare of himself or of his fellow prisoners. SucH authorization
will extend only for such a short period of time as is reasonably
necessary for the performance of such acts and will not normally be
granted solely to provide respite from the routine rigors of confine-
ment or for other purely personal relief. A parole of this nature
may be authorized, for example, to permit a prisoner to visit a medical
establishment for treatment or to allow a medical officer or chaplain
to carry out his normal duties. A member of the United States Army
may give a parole of this nature only when specifically authorized
to do so by the senior officer or non-commissioned officer exercising
command authority.
188. Direct Repatriation and Accommodation in Neutral Countries of
Wounded and Sick
Subject to the provisions of the third paragraph of this Article,
Parties to the conflict are bound to send back to their own country,
regardless of number or rank, seriously wounded and seriously
sick prisoners of war, after having cared for them until they are
fit to travel, in accordance with the first paragraph of the fol-
lowing Article.
Throughout the duration of hostilities, Parties to the conflict
shall endeavour, with the cooperation of the neutral Powers con-
cerned, to make arrangements for the accommodation in neutral
countries of the sick and wounded prisoners of war referred to
in the second paragraph of the following Article. They may, in
addition, conclude agreements with a view to the direct repatria-
tion or internment in a neutral country of able-bodied prisoners
of war who have undergone a long period of captivity.
No sick or injured prisoner of war who is eligible for repatria-
tion under the first paragraph of this Article, may be repatriated
against his will during hostilities. {GPW, art. 109.)
189. Cases of Repatriation and Accommodation
The following shall be repatriated direct:
(1) Incurably wounded and sick whose mental or physical
fitness seems to have been gravely diminished.
(2) Wounded and sick who, according to medical opinion, are
not likely to reeover within one year, whose condition
requires treatment and whose mental or physical fitness
seems to have been gravely diminished.
(3) Wounded and sick who have recovered, but whose mental
or physical fitness seems to have been gravely and perma-
nently diminished*
73
The following may be accommodated in a neutral country:
(1) Wounded and sick whose recovery may be expected
within one year of the date of the wound or the beginning
of the illness, if treatment in a neutral country might
increase the prospects of a more certain and speedy
recovery.
(2) Prisoners of war whose mental or physical health, ac-
cording to medical opinion, is seriously threatened by
continued captivity, but whose accommodation in a
neutral country might remove such a threat.
The conditions which prisoners of war accommodated in a
neutral country must fulfill in order to permit their repatriation
shall be fixed, as shall likewise their status, by agreement between
the Powers concerned. In general, prisoners of war who have
been accommodated in a neutral country, and who belong to the
following categories, should be repatriated:
(1) Those whose state of health has deteriorated so as to ful-
fil the conditions laid down for direct repatriation;
(2) Those whose mental or physical powers remain, even after
treatment, considerably impaired.
If no special agreements are concluded between the Parties to
the conflict concerned, to determine the cases of disablement or
sickness entailing direct repatriation or accommodation in a
neutral country, such cases shall be settled in accordance with
the principles laid down in the Model Agreement concerning
direct repatriation and accommodation in neutral countries of
wounded and sick prisoners of war and in the Regulations con-
cerning Mixed Medical Commissions annexed to the present
Convention. (OPW, art. 110).
190. Internment in a Neutral Country
The Detaining Power, the Power on which the prisoners of war
depend, and a neutral Power agreed upon by these two Powers,
shall endeavour to conclude agreements which will enable
prisoners of war to be interned in the territory of the said neutral
Power until the close of hostilities. (GPW , art. 111.)
191. Mixed Medical Commissions
Upon the outbreak of hostilities, Mixed Medical Commissions
shall be appointed to examine sick and wounded prisoners of war,
and to make all appropriate decisions regarding them. The ap-
pointment, duties and functioning of these Commissions shall be
in conformity with the provisions of the Regulations annexed to
the present Convention.
However, prisoners of war who, in the opinion of the medical
authorities of the Detaining Power, are manifestly seriously
74
injured or seriously sick, may be repatriated without having: to
be examined by a Mixed Medical Commission. (GPW, art. 113.)
192. Prisoners Entitled to Examination by Mixed Medical Commissions
Besides those who are designated by the medical authorities of
the Detaining Power, wounded or sick prisoners of war belonging
to the categories listed below shall be entitled to present them-
selves for examination by the Mixed Medical Commissions pro-
vided for in the foregoing Article :
(1) Wounded and sick proposed by a physician or surgeon
who is of the same nationality, or a national of a Party
to the conflict allied with the Power on which the said
prisoners depend, and who exercises his functions in the
camp.
(2) Wounded and sick proposed by their prisoners' repre-
sentative.
(3) Wounded and sick proposed by the Power on which they
depend, or by an organization duly recognized by the
said Power and giving assistance to the prisoners.
Prisoners of war who do not belong to one of the three fore-
going categories may neverthless present themselves for exami-
nation by Mixed Medical Commissions, but shall be examined
only after those belonging to the said categories.
The physician or surgeon of the same nationality as the prison*
ers who present themselves for examination by the Mixed Medical
Commission, likewise the prisoners' representative of the said
prisoners, shall have permission to be present at the examination.
(GPW.art.llS.)
1 93. Prisoners Meeting With Accidents
Prisoners of war who meet with accidents shall, unless the in-
jury is self-inflicted, have the benefit of the provisions of this
Convention as regards repatriation or accommodation in a neutral
country. (CfPW, art. 114,)
194. Prisoners Serving a Sentence
No prisoner of war on whom a disciplinary punishment has been
imposed and who is eligible for repatriation or for accommodation
in a neutral country, may be kept back on the plea that he has not
undergone his punishment.
Prisoners of war detained in connection with a judicial prose-
cution or conviction and who are designated for repatriation or
accommodation in a neutral country, may benefit by such
measures before the end of the proceedings or the completion of
the punishment, if the Detaining Power consents.
75
Parties to the conflict shall communicate to each other the
names of those who will be detained until the end of the proceed-
ings or the completion of the punishment. (OPW, art. 115.)
195. Costs of Repatriation
The cost of repatriating prisoners of war or of transporting
them to a neutral country shall be borne, from the frontiers of
the Detaining Power, by the Power on which the said prisoners
depend. (GPW,art. 116.)
196. Activity After Repatriation
a. Treaty Provision.
No repatriated person may be employed on active military
service. (GPW, art. 117.)
b. Interpretation. The foregoing applies only to persons repatri-
ated under Articles 109 through 116, (?PW (pars. 188-195), by reasons
of wounds or sickness. Although it is not possible to frame any
comprehensive rule concerning what constitutes "active military
service," Article 117 does not preclude a repatriated person from
performing medical or strictly administrative duties but does fore-
close service in combat against the power formerly detaining the
individual or an ally thereof.
197. Exchange of Prisoners of War
Exchange of prisoners of war, other than those whose repatriation
is required by GPW, may be effected by agreement between the bel-
ligerents. No belligerent is obliged to exchange prisoners of war,
except if a general cartel requiring such exchange has been concluded.
The conditions for exchange are as prescribed by the parties thereto,
and exchanges need not necessarily be on the basis of number for
number or rank for rank. (See par. 469.)
1 98. Release and Repatriation at Close of Hostilities
Prisoners of war shall be released and repatriated without
delay after the cessation of active hostilities.
In the absence of stipulations to the above effect in any agree-
ment concluded between the Parties to the conflict with a view to
the cessation of hostilities, or failing any such agreement, each
of the Detaining Powers shall itself establish and execute without
delay a plan of repatriation in conformity with the principle laid
down in the foregoing paragraph.
In either case, the measures adopted shall be brought to the
knowledge of the prisoners of war.
The costs of repatriation of prisoners of war shall in all cases
be equitably apportioned between the Detaining Power and the
76
Power on which the prisoners depend. This apportionment shall
be carried out on the following basis:
(a) If the two Powers are contiguous, the Power on which the
prisoners of war depend shall bear the costs of repatria-
tion from the frontiers of the Detaining Power.
(o) If the two Powers are not contiguous, the Detaining
Power shall bear the costs of transport of prisoners of
war over its own territory as far as its frontier or its port
of embarkation nearest to the territory of the Power on
which the prisoners of war depend. The Parties con-
cerned shall agree between themselves as to the equitable
apportionment of the remaining costs of the repatriation.
The conclusion of this agreement shall in no circum-
stances justify any delay in the repatriation of the
prisoners of war. (GPW, art. 118.)
199. Asylum
A Detaining Power may, in its discretion, lawfully grant asylum
to prisoners of war who do not desire to be repatriated.
200. Details of Procedure
Repatriation shall be effected in conditions similar to those laid
down in Articles 46 to 48 inclusive of the present Convention for
the transfer of prisoners of war, having regard to the provisions
of Article 118 and to those of the following paragraphs.
On repatriation, any articles of value impounded from prisoners
of war under Article 18, and any foreign currency which has not
been converted into the currency of the Detaining Power, shall
be restored to them. Articles of value and foreign currency
which, for any reason whatever, are not restored to prisoners
of war on repatriation, shall be despatched to the Information
Bureau set up under Article 122.
Prisoners of war shall be allowed to take with them their per-
sonal effects, and any correspondence and parcels which have
arrived for them. The weight of such baggage may be limited,
if the conditions of repatriation so require, to what each prisoner
can reasonably carry. Each prisoner shall in all cases be author-
ized to carry at least twenty-five kilograms [55 pounds].
The other personal effects of the repatriated prisoner shall
be left in the charge of the Detaining Power which shall have
them forwarded to him as soon as it has concluded an agreement
to this effect, regulating the conditions of transport and the pay-
ment of the costs involved, with the Power on which the prisoner
depends.
684524 0-63— 6
77
Prisoners of war against whom criminal proceedings for an
indictable offence are pending may be detained until the end of
such proceedings, and, if necessary, until the completion of the
punishment. The same shall apply to prisoners of war already
convicted for an indictable offence.
Parties to the conflict shall communicate to each other the
names of any prisoners of war who are detained until the end
of the proceedings or until punishment has been completed.
By agreement between the Parties to the conflict, commissions
shall be established for the purpose of searching for dispersed
prisoners of war and of assuring their repatriation with the least
possible delay. ( GPW, art 119.)
201. Death
Wills of prisoners of war shall be drawn up so as to satisfy the
conditions of validity required by the legislation of their coun-
try of origin, which will take steps to inform the Detaining
Power of its requirements in this respect. At the request of the
prisoner of war and, in all cases, after death, the will shall be
transmitted without delay to the Protecting Power; a certified
copy shall be sent to the Central Agency.
Death certificates, in the form annexed to the present Con-
vention, or lists certified by a responsible officer, of all persons
who die as prisoners of war shall be forwarded as rapidly as
possible to the Prisoner of War Information Bureau established
in accordance with Article 122. The death certificates or cer-
tified lists shall show particulars of identity as set out in the
third paragraph of Article 17, and also the date and place of
death, the cause of death, the date and place of burial and all
particulars necessary to identify the graves.
The burial or cremation of a prisoner of war shall be preceded
by a medical examination of the body with a view to confirming
death and enabling a report to be made and, where necessary,
establishing identity.
The detaining authorities shall ensure that prisoners of war who
have died in captivity are honourably buried, if possible accord-
ing to the rites of the religion to which they belonged, and that
their graves are respected, suitably maintained and marked so as
to be found at any time. Wherever possible, deceased prisoners
of war who depended on the same Power shall be interred in
the same place.
Deceased prisoners of war shall be buried in individual graves
unless unavoidable circumstances require the use of collective
graves. Bodies may be cremated only for imperative reasons
of hygiene, on account of the religion of the deceased or in ac-
78
cordance with his express wish to this effect. In case of crema-
tion, the fact shall be stated and the reasons given in the death
certificate of the deceased.
In order that graves may always be found, all particulars of
burials and graves shall be recorded with a Graves Registration
Service established by the Detaining Power. Lists of graves and
particulars of the prisoners of war interred in cemeteries and
elsewhere shall be transmitted to the Power on which such pris-
oners of war depended. Responsibility for the care of these
graves and for records of any subsequent moves of the bodies
shall rest on the Power controlling the territory, if a Party to
the present Convention. These provisions shall also apply to the
ashes, which shall be kept by the Graves Registration Service
until proper disposal thereof in accordance with the wishes of the
home country. (GPW, art. ISO.)
202. Prisoners Killed or Injured in Special Circumstances
Every death or serious injury of a prisoner of war caused or
suspected to have been caused by a sentry, another prisoner of
war, or any other person, as well as any death the cause of which
is unknown, shall be immediately followed by an official enquiry
by the Detaining Power.
A communication on this subject shall be sent immediately to
the Protecting Power. Statements shall be taken from witnesses,
especially from those who are prisoners of war, and a report
including such statements shall be forwarded to the Protecting
Power.
If the enquiry indicates the guilt of one or more persons, the
Detaining Power shall take all measures for the prosecution of the
person or persons responsible. (GPW, art. 121.)
Section XVIII. INFORMATION BUREAUS AND RELIEF SOCIETIES FOR
PRISONERS OF WAR
203. National Bureaus
Upon the outbreak of a conflict and in all cases of occupation,
each of the Parties to the conflict shall institute an official Infor-
mation Bureau for prisoners of war who are in its power. Neu-
tral or non-belligerent Powers who may have received within
their territory persons belonging to one of the categories referred
to in Article 4, shall take the same action with respect to such
persons. The Power concerned shall ensure that the Prisoners
of War Information Bureau is provided with the necessary accom-
modation, equipment and staff to ensure its efficient working.
It shall be at liberty to employ prisoners of war in such a Bureau
79
under the conditions laid down in the Section of the present Con-
vention dealing with work by prisoners of war.
Within the shortest possible period, each of the Parties to the
conflict shall give its Bureau the information referred to in the
fourth, fifth and sixth paragraphs of this Article regarding any
enemy person belonging to one of the categories referred to in
Artiele 4, who has fallen into its power. Neutral or non-belliger-
ent Powers shall take the same action with regard to persons
belonging to such categories whom they have received within
their territory.
The Bureau shall immediately forward such information by
the most rapid means to the Powers concerned, through the
intermediary of the Protecting Powers and likewise of the Central
Agency provided for in Artiele 123.
This information shall make it possible quickly to advise the
next of kin concerned. Subject to the provisions of Article 17,
the information shall include, in so far as available to the In-
formation Bureau, in respect of each prisoner of war, his surname,
first names, rank, army, regimental, personal or serial number,
place and full date of birth, indication of the Power on which he
depends, first name of the father and maiden name of the mother,
name and address of the person to be informed and the address
to which correspondence for the prisoner may be sent.
The Information Bureau shall receive from the various' depart-
ments concerned information regarding transfers, releases, re-
patriations, escapes, admissions to hospital, and deaths, and shall
transmit such information in the manner described in the third
paragraph above.
Likewise, information regarding the state of health of prisoners
of war who are seriously ill or seriously wounded shall be supplied
regularly, every week if possible.
The Information Bureau shall also be responsible for replying
to all enquiries sent to it concerning prisoners of war, including
those who have died in captivity; it will make any enquiries neces-
sary to obtain the information which is asked for if this is not in
its possession.
All written communications made by the Bureau shall be
authenticated by a signature or a seal.
The Information Bureau shall furthermore be charged with
collecting all personal valuables, including sums in currencies
other than that of the Detaining Power and documents of im-
portance to the next of kin, left by prisoners of war who have been
repatriated or released, or who have escaped or died, and shall
forward the said valuables to the Powers concerned. Such
articles shall be sent by the Bureau in sealed packets which shall
80
be accompanied by statements giving clear and full particulars
of the identity of the person to whom the articles belonged, and
by a complete list of the contents of the parcel. Other personal
effects of such prisoners of war shall be transmitted under
arrangements agreed upon between the Parties to the conflict
concerned. (GPW, art. 122.)
204. Central Agency
A Central Prisoners of War Information Agency shall be
created in a neutral country. The International Committee of
the Red Cross shall, if it deems necessary, propose to the Powers
concerned the organization of such an Agency.
The function of the Agency shall be to collect all the informa-
tion it may obtain through official or private channels respecting
prisoners of war, and to transmit it as rapidly as possible to the
country of origin of the prisoners of war or to the Power on which
they depend. It shall receive from the Parties to the conflict all
facilities for effecting such transmissions.
The High Contracting Parties, and in particular those whose
nationals benefit by the services of the Central Agency, are re-
quested to give the said Agency the financial aid it may require.
The foregoing provisions shall in no way be interpreted as
restricting the humanitarian activities of the International Com-
mittee of the Red Cross, or of the relief societies provided for in
Article 125. ( GPW, art. 123,)
205. Exemption From Charges
The national Information Bureaux and the Central Information
Agency shall enjoy free postage for mail, likewise all the exemp-
tions provided for in Article 74, and further, so far as possible,
exemption from telegraphic charges or, at least, greatly reduced
rates. {GPW, art. 1U-)
206. Relief Societies and Other Organizations
Subject to the measures which the Detaining Powers may con-
sider essential to ensure their security or to meet any other rea-
sonable need, the representatives of religious organizations, relief
societies, or any other organization assisting prisoners of war,
shall receive from the said Powers, for themselves and their duly
accredited agents, all necessary facilities for visiting the prison-
ers, for distributing relief supplies and material, from any source,
intended for religious, educational or recreative purposes, and for
assisting them in organizing their leisure time within the camps.
Such societies or organizations may be constituted in the territory
of the Detaining Power or in any other country, or they may have
an international character.
81
The Detaining Power may limit the number of societies and
organizations whose delegates are allowed to carry out their ac-
tivities in its territory and under its supervision, on condition,
however, that such limitation shall not hinder the effective opera-
tion of adequate relief to all prisoners of war.
The special position of the International Committee of the Red
Cross in this field shall be recognized and respected at all times.
As soon as relief supplies or material intended for the above-
mentioned purposes are handed over to prisoners of war, or very
shortly afterwards, receipts for each consignment, signed by the
prisoners' representative, shall be forwarded to the relief society
or organization making the shipment At the same time, receipts
for these consignments shall be supplied by the administrative
authorities responsible for guarding the prisoners. (GPW, art.
m.)
207. Supervision
Representatives or delegates of the Protecting Powers shall
have permission to go to all places where prisoners of war may be,
particularly to places of internment, imprisonment and labour,
and shall have access to all premises occupied by prisoners of war;
they shall also be allowed to go to the places of departure, passage
and arrival of prisoners who are being transferred. They shall
be able to interview the prisoners, and in particular the prisoners'
representatives, without witnesses, either personally or through
an interpreter.
Representatives and delegates of the Protecting Powers shall
have full liberty to select the places they wish to visit. The
duration and frequency of these visits shall not be restricted.
Visits may not be prohibited except for reasons of imperative
military necessity, and then only as an exceptional and temporary
measure.
The Detaining Power and the Power on which the said prisoners
of war depend may agree, if necessary, that compatriots of these
prisoners of war be permitted to. participate in the visits.
The delegates of the International Committee of the Red Cross
shall enjoy the same prerogatives. The appointment of such
delegates shall be submitted to the approval of the Power detain-
ing the prisoners of war to be visited. (GPW, art. 126.)
82
CHAPTER 4
THE WOUNDED AND SICK
Section I. GENERAL PROVISIONS
208. Protected Persons
a. Prisoners of War. GWS applies to the wounded and sick be-
longing to the categories of persons listed in paragraph A of Article
4, GPW ; paragraph 61 herein (GWS, art. 13).
h. Other Persons. Wounded and sick persons who are in the hands
of the enemy but who are not prisoners of war benefit from those pro-
visions of GO pertaining to the treatment and protection of the
wounded and sick.
209. Wounded, Sick, and Shipwrecked Members of Armed Forces at
Sea
a. Hospital Ships. Military hospital ships, which are to be marked
in the manner specified by Article 43, GWS Sea, may in no circum-
stances be attacked and captured but must be respected and protected,
provided their names and descriptions have been notified to the Parties
to the conflict ten days before those ships are employed. (GWS Sea,
art. 22.) Any hospital ship in a port which falls into the hands of
the enemy is to be authorized to leave the port. {GWS Sea, art. 29.)
b. Treaty Provision.
Hospital ships entitled to the protection of the Geneva Conven-
tion for the Amelioration of the Condition of Wounded, Sick and
Shipwrecked Members of Armed Forces at Sea of August 12,
1949, shall not be attacked from the land. (GWS, art. 20.)
c. Coastal Rescue Graft. Small craft employed by a State or by
the officially recognized lifeboat institutions for coastal rescue opera-
tions are to be respected and protected, so far as operational require-
ments permit. (GWS Sea, art. 27.)
d. Retained Personnel and Wounded and Sick Put Ashore. The
religious, medical, and hospital personnel of hospital ships retained
to care for the wounded and sick are on landing subject to GWS.
(GWS Sea, art. 37.) Other forces put ashore become subject to
GWS. (GWS Sea, art. I)
210. Application by Neutral Powers
Neutral Powers shall apply by analogy the provisions of the
present Convention to the wounded and sick, and to members of
the medical personnel and to chaplains of the armed forces of
83
the Parties to the conflict, received or interned in their territory,
as well as to dead persons found. (GWS, art. 4.)
211. Duration of Application
For the protected persons who have fallen into the hands of the
enemy, the present Convention shall apply until their final repa-
triation. (GWS, art. 5.)
212. Special Agreements
In addition to the agreements expressly provided for in Articles
10, 15, 23, 28, 31, 36, 37 and 52, the High Contracting Parties may
conclude other special agreements for all matters concerning
which they may deem it suitable to make separate provision. No
special agreement shall adversely affect the situation of the
wounded and sick, of members of the medical personnel or of
chaplains, as defined by the present Convention, nor restrict the
rights which it confers upon them.
Wounded and sick, as well as medical personnel and chaplains,
shall continue to have the benefit of such agreements as long as
the Convention is applicable to them, except where express provi-
sions to the contrary are contained in the aforesaid or in subse-
quent agreements, or where more favourable measures have been
taken with regard to them by one or other of the Parties to the
conflict. {GWS, art. €.)
213. Non-renunciation of Rights
Wounded and sick, as well as members of the medical personnel
and chaplains, may in no circumstances renounce in part or in
entirety the rights secured to them by the present Convention,
and by the special agreements referred to in the foregoing
Article, if such there be. (GWS, art. 7.)
214. Prohibition of Reprisals
Reprisals against the wounded, sick, personnel, buildings or
equipment protected by the Convention are prohibited. (GWS,
art. 46.)
Section II. WOUNDED AND SICK
215. Protection and Care
a. Treaty Provision.
Members of the armed forces and other persons mentioned in
the following Article, who are wounded or sick, shall be respected
and protected in all circumstances.
They shall be treated humanely and cared for by the Party to
the conflict in whose power they may be, without any adverse
distinction founded on sex, race, nationality, religion, political
opinions, or any other similar criteria. Any attempts upon their
84
lives, or violence to their persons, shall be strictly prohibited; in
particular, they shall not be murdered or exterminated, subjected
to torture or to biological experiments; they shall not wilfully
be left without medical assistance and care, nor shall conditions
exposing them to contagion or infection be created.
Only urgent medical reasons will authorize priority in the order
of treatment to be administered.
Women shall be treated with all consideration due to their sex.
The Party to the conflict which is compelled to abandon
wounded or sick to the enemy shall, as far as military considera-
tions permit, leave with them a part of its medical personnel and
material to assist in their care. (GWS, art. IS.)
b. National Habits and Backgrounds. The foregoing is not in-
tended to prohibit concessions, particularly with respect to food,
clothing, and shelter, which take into account the different national
habits and backgrounds of the wounded and sick.
216. Search for Casualties
At all times, and particularly after an engagement, Parties to
the conflict shall, without delay, take all possible measures to
search for and collect the wounded and sick, to protect them
against pillage and ill-treatment, to ensure their adequate care,
and to search for the dead and prevent their being despoiled.
Whenever circumstances permit, an armistice or a suspension of
fire shall be arranged, or local arrangements made, to permit the
removal, exchange and transport of the wounded left on the battle-
field.
Likewise, local arrangements may be concluded between Parties
to the conflict for the removal or exchange of wounded and sick
from a besieged or encircled area, and for the passage of medical
and religious personnel and equipment on their way to that area.
(GWS, art. 15.)
217. Wounded Falling Into Enemy Hands
Parties to the conflict shall record as soon as possible, in respect
of each wounded, sick or dead person of the adverse Party falling
into their hands, any particulars which may assist in his identifi-
cation.
These records should if possible include:
(a) designation of the Power on which he depends;
(6) army, regimental, personal or serial number;
(c) surname;
id) first name or names;
(e) date of birth *,
if) any other particulars shown on his identity card or disc;
ig) date and place of capture or death;
85
(A) particulars concerning wounds or illness, or cause of
death.
As soon as possible the above mentioned information shall be
forwarded to the Information Bureau described in Article 122
of the Geneva Convention relative to the Treatment of Prisoners
of War of August 12, 1949, which shall transmit this information
to the Power on which these persons depend through the inter-
mediary of the Protecting Power and of the Central Prisoners
of War Agency.
Parties to the conflict shall prepare and forward to each other
through the same bureau, certificates of death or duly authenti-
cated lists of the dead. They shall likewise collect and forward
through the same bureau one half of a double identity disc, last
wills or other documents of importance to the next of kin, money
and in general all articles of an intrinsic or sentimental value,
which are found on the dead. These articles, together with un-
identified articles, shall be sent in sealed packets, accompanied
by statements giving all particulars necessary for the identifi-
cation of the deceased owners, as well as by a complete list of the
contents of the parcel. (GWS, art. 16.)
218. Graves Registration Service
Parties to the conflict shall ensure that burial or cremation of
the dead, carried out individually as far as circumstances permit,
is preceded by a careful examination, if possible by a medical
examination, of the bodies, with a view to confirming death, estab-
lishing identity and enabling a report to be made. One half of
the double identity disc, or the identity disc itself if it is a single
disc, should remain on the body.
Bodies shall not be cremated except for imperative reasons of
hygiene or for motives based on the religion of the deceased. In
case of cremation, the circumstances and reasons for cremation
shall be stated in detail in the death certificate or on the authenti-
cated list of the dead.
They shall further ensure that the dead are honourably in-
terred, if possible according to the rites of the religion to which
they belonged, that their graves are respected, grouped if possible
according to the nationality of the deceased, properly maintained
and marked so that they may always be found. For this purpose,
they shall organize at the commencement of hostilities an Official
Graves Registration Service, to allow subsequent exhumations
and to ensure the identification of bodies, whatever the site of the
graves, and the possible transportation to the home country.
These provisions shall likewise apply to the ashes, which shall be
kept by the Graves Registration Service until proper disposal
thereof in accordance with the wishes of the home country.
86
As soon as circumstances permit, and at latest at the end of
hostilities, these Services shall exchange, through the Information
Bureau mentioned in the second paragraph of Article 16, lists
showing the exact location and markings of the graves, together
with particulars of the dead interred therein. (GWS, art. 17.)
219. Voluntary Care
a. Treaty Provision,
The military authorities may appeal to the charity of the in-
habitants voluntarily to collect and care for, under their direc-
tion, the wounded and sick, granting persons who have responded
to this appeal the necessary protection and facilities. Should the
adverse Party take or retake control of the area, he shall likewise
grant these persons the same protection and the same facilities.
The military authorities shall permit the inhabitants and relief
societies, even in invaded or occupied areas, spontaneously to
collect and care for wounded or sick of whatever nationality.
The civilian population shall respect these wounded and sick, and
in particular abstain from offering them violence.
No one may ever be molested or convicted for having nursed the
wounded or sick.
The provisions of the present Article do not relieve the occupy-
ing Power of its obligation to give both physical and moral care
to the wounded and sick. (GWS, art. 18.)
b. Compulsion in Occupied Areas. An occupying authority may
not bring" pressure to bear on the population in order to induce them
to give treatment to the wounded and sick.
Section III. MEDICAL UNITS, ESTABLISHMENTS, PERSONNEL AND
TRANSFERS
220. Protection
a. Treaty Provision.
Fixed establishments and mobile medical units of the Medical
Service may in no circumstances be attacked, but shall at all
times be respected and protected by the Parties to the conflict.
Should they fall into the hands of the adverse Party, their person-
nel shall be free to pursue their duties, as long as the capturing
Power has not itself ensured the necessary care of the wounded
and sick found in such establishments and units.
The responsible authorities shall ensure that the said medical
establishments and units are, as far as possible, situated in such
a manner that attacks against military objectives cannot imperil
their safety. ( G WS, art. 19. )
b. Nature of Protection Required. See paragraph 225&.
87
221. Search of Medical Units, Establishments, and Transports
GWS does not confer immunity from search by the enemy on medi-
cal units, establishments, or transports.
222. Discontinuance of Protection of Medical Establishments and Units
The protection to which fixed establishments and mobile medi-
cal units of the Medical Service are entitled shall not cease unless
they are used to commit, outside their humanitarian duties, acts
harmful to the enemy. Protection may, however, cease only
after a due warning has been given, naming, in all appropriate
cases, a reasonable time limit, and after such warning has re-
mained unheeded. {GWS, art. 21.)
223. Conditions Not Depriving Medical Units and Establishments of
Protection
a. Treaty Provision.
The following conditions shall not be considered as depriving
a medical unit or establishment of the protection guaranteed
by Article 19:
(1) That the personnel of the unit or establishment are
armed, and that they use the arms in their own defense,
or in that of the wounded and sick in their charge.
(2) That in the absence of armed orderlies, the unit or estab-
lishment is protected by a picket or by sentries or by an
escort.
(3) That small arms and ammunition taken from the wounded
and sick and not yet handed to the proper service, are
found in the unit or establishment.
(4) That personnel and material of the veterinary service
are found in the unit or establishment, without forming
an integral part thereof.
(5) That the humanitarian activities of medical- units and
establishments or of their personnel extend to the care
of civilian wounded or sick. ( GWS, art.
b. Self-Defense Defined. Although medical personnel may carry
arms for self-defense, they may not employ such arms against enemy
forces acting in conformity with the law of war. These arms are for
their personal defense and for the protection of the wounded and
sick under their charge against marauders and other persons violating
the law of war. Medical personnel who use their arms in circum-
stances not justified by the law of war expose themselves to penalties
for violation of the law of war and, provided they have been given
due warning to cease such acts, may also forfeit the protection of the
medical unit or establishment of which they form part or which they
are protecting.
c. Arms and Ammunition Taken From the Wounded and Sick,
As provided in substance by the foregoing article, the presence of such
88
arms and ammunition in a medical unit or establishment is not of
itself cause for denying the protection to be accorded such organiza-
tions under GWS. However, such arms and ammunition should be
turned in as soon as practicable and, in any event, are subject to
confiscation.
224. Hospital Zones and Localities
In time of peace, the High Contracting Parties and, after the
the outbreak of hostilities, the Parties thereto, may establish
in their own territory and, if the need arises, in occupied areas,
hospital zones and localities so organized as to protect the
wounded and sick from the effects of war, as well as the person-
nel entrusted with the organization and administration of these
zones and localities and with the care of the persons therein
assembled.
Upon the outbreak and during the course of hostilities, the
Parties concerned may conclude agreements on mutual recogni-
tion of the hospital zones and localities they have created. They
may for this purpose implement the provisions of the Draft
Agreement annexed to the present Convention, with such amend-
ments as they may consider necessary.
The protecting Powers and the International Committee of the
Red Cross are invited to lend their good offices in order to facili-
tate the institution and recognition of these hospital zones and
localities. (GWS, art. S3.)
225. Protection of Permanent Personnel
a. Treaty Provision. See Articled, GIF*? (par 67).
b. What Is Meant by Respect and Protection. The respect and
protection accorded personnel of certain categories by Articles 19
(pur. 220), 24 (par. 67), and 25 (par. 226), GWS, mean that they
must not knowingly be attacked, fired upon, or unnecessarily pre-
vented from discharging their proper functions. The accidental
killing or wounding of such personnel, due to their presence among
or in proximity to combatant elements actually engaged, by fire di-
rected at the latter, gives no just cause for complaint.
226. Protection of Auxiliary Personnel
a. Treaty Provision.
Members of the armed forces specially trained for employment,
should the need arise, as hospital orderlies, nurses or auxiliary
stretcher-bearers, in the search for or the collection, transport
or treatment of the wounded and sick shall likewise be respected
and protected if they are carrying out these duties at the time
when they come into contact with the enemy or fall into his hands.
(GWS, art. 25.)
89
b. Nature of Protection. See paragraph 225 b, and Article 29,
GWS (par. 68).
227. Personnel of Aid Societies
See Article 26, GWS (par. 69).
228. The American National Red Cross
The American.National Ked Cross is the only voluntary aid society
now authorized by this Government to render aid to the Army Medical
Service in time of war, and any other society desiring to render similar
assistance can do so only through the American National Ked Cross
(Pres. Proa, 22 Aug. 1911, 37 Stat. 1716) . The President is author-
ized to accept the assistance tendered by the Ked Cross and to employ
the same under the Armed Forces (act 17 Jul 1953, 67 Stat. 178,- 36
V. S. C. 17, 17a.) Personnel of the Ked Cross serving -with or accom-
panying an armed force in the field in time of war or serving with or
accompanying the armed forces without the continental limits of the
United States and certain named territories are subject to.the Uniform
Code of Military Justice (USMJ, AH. 2 (10) (11) ) .
229. Societies of Neutral Countries
A recognized Society of a neutral country can only lend the
assistance of its medical personnel and units to a Party to the
conflict with the previous consent of its own Government and the
authorization of the Party to the conflict concerned. That per-
sonnel and those units shall be placed under the control of that
Party to the conflict. . .
The neutral Government shall notify this consent to the ad-
versary of the State which accepts such assistance. The Party
to the conflict who accepts such assistance is bound to notify the
adverse Party thereof before making any use of it.
In no circumstances shall this assistance be considered as inter-
ference in the conflict.
The members of the personnel named in the first paragraph
shall be duly furnished with the identity cards provided for in
Article 40 before leaving the neutral country to which they belong.
(GWS, art 27.)
230. Retained Personnel
a. Treaty Provision.
Personnel designated in Articles 24 and 26 who fall into the
hands of the adverse Party, shall be retained only in so far as
the state of health, .the spiritual needs and the number of
prisoners of war require.
Personnel thus retained shall not be deemed prisoners of war.
Nevertheless they shall at least benefit by all the provisions of the
90
Geneva Convention relative to the Treatment of Prisoners of War
of August 12, 1949. Within the framework of the military laws
and regulations of the Detaining Power, and under the authority
of its competent service, they shall continue to carry out, in ac-
cordance with their professional ethics, their medical and spirit-
ual duties on behalf of prisoners of war, preferably those of the
armed forces to which they themselves belong. They shall further
enjoy the following facilities for carrying out their medical or
spiritual duties:
(a) They shall be authorized to visit periodically the pris-
oners of war in labour units or hospitals outside the
camp. The Detaining Power shall put at their disposal
the means of transport required.
(6) In each camp the senior medical officer of the highest
rank shall be responsible to the military authorities of
the camp for the professional activity of the retained
medical personnel. For this purpose, from the outbreak
of hostilities, the Parties to the conflict shall agree re-
garding the corresponding seniority of the ranks of their
medical personnel, including those of the societies desig-
nated in Article 26. In all questions arising out of their
duties, this medical officer, and the chaplains, shall have
direct access to the military and medical authorities of
the camp who shall grant them the facilities they may
require for correspondence relating to these questions,
(c) Although retained personnel in a camp shall be subject
to its internal discipline, they shall not, however, be re-
quired to perform any work outside their medical or
religious duties.
During hostilities the Parties to the conflict shall make arrange-
ments for relieving where possible retained personnel, and shall
settle the procedure of such relief.
None of the preceding provisions shall relieve the Detaining
Power of the obligations imposed upon it with regard to the
medical and spiritual welfare of the prisoners of war. (GWS,
art. 28.)
J>. Discipline. See paragraph 67.
231 . Return of Religious and Medical Personnel
a. Treaty Provision.
Personnel whose retention is not indispensable by virtue of the
provisions of Article 28 shall be returned to the Party to the con-
flict to whom they belong, as soon as a road is open for their
return and military requirements permit.
Pending their return, they shall not be deemed prisoners of war.
Nevertheless they shall at least benefit by all the provisions of the
91
Geneva Convention relative to the Treatment of Prisoners of War
of August 12, 1949. They shall continue to fulfill their duties
under the orders of the adverse Party and shall preferably be
engaged in the care of the wounded and sick of the Party to the
conflict to which they themselves belong.
On their departure, they shall take with them the effects, per-
sonal belongings, valuables and instruments belonging to them.
(GWS,art.30.)
b. Security Measures. Nothing in the foregoing article precludes
reasonable measures to prevent such personnel, upon their return to
their own army, from carrying information of strategic or tactical
value. The movements and activities of religious and medical per-
sonnel whose return is contemplated may be restricted as far as
reasonably necessary to prevent their acquisition of such information,
provided they are not thereby denied the facilities afforded them by
Article 28, GWS (par. 230). Should they become possessed of such
information, their return to their own army may be delayed until
the information has ceased to be of substantial value.
232. Selection of Personnel for Return
The selection of personnel for return under Article 30 shall be
made irrespective of any consideration of race, religion or politi-
cal opinion, but preferably according to the chronological order
of their capture and their state of health.
As from the outbreak of hostilities, Parties to the conflict may
determine by special agreement the percentage of personnel to be
retained, in proportion to the number of prisoners and the dis-
tribution of the said personnel in the camps. (GWS, art. SI.)
233. Return of Personnel Belonging to Neutral Countries
a. Treaty Provision.
Persons designated in Article 27 who have fallen into the hands
of the adverse Party may not be detained.
Unless otherwise agreed, they shall have permission to return
to their country, or if this is not possible, to the territory of the
Party to the conflict in whose service they were, as soon as a route
for their return is open and military considerations permit.
Pending their release, they shall continue their work under the
direction of the adverse Party; they shall preferably be engaged
in the care of the wounded and sick of the Party to the conflict in
whose service they were.
On their departure, they shall take with them their effects, per-
sonal articles and valuables and the instruments, arms and if
possible the means of transport belonging to them.
The Parties to the conflict shall secure to this personnel, while
in their power, the same food, lodging, allowances and pay as are
92
granted to the corresponding personnel of their armed forces.
The food shall in any case be sufficient as regards quantity, qual-
ity and variety to keep the said personnel in a normal state of
health. {GWS,art.S2.)
b. Security Measures. Security measures similar to those taken
with respect to religious and medical personnel (par. 231&) may be
applied to personnel of aid societies of neutral countries.
234. Buildings and Stores
a. Treaty Provision,
The material of mobile medical units of the armed forces
which fall into the hands of the enemy, shall be reserved for the
care of wounded and sick.
The buildings, material and stores of fixed medical establish-
ments of the armed forces shall remain subject to the laws
of war, but may not be diverted from their purpose as long as
they are required for the care of wounded and sick. Nevertheless,
the commanders of forces in the field may make use of them, in
case of urgent military necessity, provided that they make previ-
ous arrangements for the welfare of the wounded and sick who
are nursed in them.
The material and stores defined in the present Article shall
not be intentionally destroyed. (GWS, art. S3.)
b. Material of Mobile Medical Units. The material of mobile med-
ical units falling into the hands of the enemy need not be restored
to the belligerent from whom it was taken. It must, however, be
used only for the care of the wounded and sick, and does not constitute
war booty, within the meaning of Article 53, HR (pars. 403, 408) or
unwritten international law, until GWS ceases to be operative.
235. Property of Aid Societies
The real and personal property of aid societies which are
admitted to the privileges of the Convention shall be regarded
as private property.
The right of requisition recognized for belligerents by the laws
and customs of war shall not be exercised except in case of
urgent necessity, and only after the welfare of the wounded and
sick has been ensured. (GWS, art. 3£.)
236. Protection of Medical Transports
a. Treaty Provision.
Transports of wounded and sick or of medical equipment shall
be respected and protected in the same way as mobile medical
units.
Should such transports or vehicles fall into the hands of the
adverse Party, they shall be subject to the laws of war, on condi-
684524 0-63— 7
93
tion that the Party to the conflict who captures them shall in
all cases ensure the care of the wounded and sick they contain.
The civilian personnel and all means of transport obtained by
requisition shall be subject to the general rules of international
law. (GWS, art. 35.)
b. Civilian Personnel. The rules of international law applicable
to civilians connected with medical transports may vary depending
on whether such persons accompany the armed forces (GPW, art. £A
(4) ; par. 61 herein) are members of the staff of voluntary aid socie-
ties either of a belligerent State (GWS, art. %6; par. 69 herein) or of
a. neutral State (GWS, art $7; par. 229 herein), or are civilians not
otherwise protected by GWS or GPW (GO, art. ki par. 247 herein).
237. Medical Aircraft
a. Treaty Provision.
Medical aircraft, that is to say, aircraft exclusively employed
for the removal of wounded and sick and for the transport of
medical personnel and equipment, shall not be attacked, but shall
be respected by the belligerents, while flying at heights, times and
on routes specifically agreed upon between the belligerents
concerned.
They shall bear, clearly marked, the distinctive emblem pre-
scribed in Article 38, together with their national colours, on
their lower, upper and lateral surfaces. They shall be provided
with any other markings or means of identification that may be
agreed upon between the belligerents upon the outbreak or dur-
ing the course of hostilities.
Unless agreed otherwise, flights over enemy or enemy-occupied
territory are prohibited.
Medical aircraft shall obey every summons to land. In the
event of a landing thus imposed, the aircraft with its occupants
may continue its flight after examination, if any.
In the event of an involuntary landing in enemy or enemy-
occupied territory, the wounded and sick, as well as the crew of
the aircraft shall be prisoners of war. The medical personnel
shall be treated according to Article 24 and the Articles fol-
lowing. (GWS, art. 36.)
d. Converted Aircraft. It is not necessary that the aircraft should
have been specially built and equipped for medical purposes. There
is no objection to converting ordinary aircraft into medical aircraft
or to using former medical aircraft for other purposes, provided the
distinctive markings are removed.
94
Section IV; THE RED CROSS EMBLEM
238. Emblem of the Convention
a. Treaty Provision.
As a compliment to Switzerland, the heraldic emblem of the
red cross on a white ground formed by reversing the Federal
colours, is retained as the emblem and distinctive sign of the
Medical Service of armed forces.
Nevertheless, in the case of countries which already use as
emblem, in place of the red cross, the red crescent or the red lion
and sun on a white ground, those emblems are also recognized
by the terms of the present Convention. (GWS, art. 38.)
b. Emblems Other Than the Red Cross. Turkey uses the Red Cres-
cent; Iran, the Red Lion and Sun. Israel signed GWS subject to the
reservation that it "will use a Red Shield of David as its distinctive
sign.
c. Misuse of the Emblem. See Article S3 (/), HR (par. 52). See
also pertinent United States statutes.
239. Use of the Emblem
Under the direction of the competent military authority, the
emblem shall be displayed on the flags, armlets and on all equip-
ment employed in the Medical Service. {GWS, art. 39.)
240. Identification of Medical and Religious Personnel
The personnel designated in Article 24 and in Articles 26 and
27 [Articles 36 and 37 of GWS Sea] shall wear, affixed to the left
arm, a water-resistant armlet bearing the distinctive emblem,
issued and stamped by the military authority.
Such personnel, in addition to wearing the identity disc men-
tioned in Article 16 [Article 19 of GWS Sea], shall also carry a
special identity card bearing the distinctive emblem. This card
shall be water-resistant and of such size that it can be carried in
the pocket. It shall be worded in the national language, shall
mention at least the surname and first names, the date of birth,
the rank and the service number of the bearer, and shall state in
what capacity he is entitled to the protection of the present Con-
vention. The card shall bear the photograph of the owner and
also either his signature or his finger-prints or both. It shall be
embossed with the stamp of the military authority.
The identity card shall be uniform throughout the same armed
forces and, as far as possible, of a similar type in the armed forces
of the High Contracting Parties. The Parties to the conflict may
be guided by the model which is annexed, by way of example, to
the present Convention. They shall inform each other, at the
outbreak of hostilities, of the model they are using. Identity
95
cards should be made out, if possible, at least in duplicate, one
copy being kept by the home country.
In no circumstances may the said personnel be deprived of their
insignia or identity cards nor of the right to wear the armlet. In
case of loss, they shall be entitled to receive duplicates of the
cards and to have the insignia replaced. (GWS, art. 40.)
241. Identification of Auxiliary Personnel
The personnel designated in Article 25 shall wear, but only
while carrying out medical duties, a white armlet bearing in its
centre the distinctive sign in miniature; the armlet shall be issued
and stamped by the military authority.
Military identity documents to be carried by this type of per-
sonnel shall specify what special training they have received, the
temporary character of the duties they are engaged upon, and
their authority for wearing the armlet. (GWS, art. 41.)
242. Marking of Medical Units and Establishments
The distinctive flag of the Convention shall be hoisted only
over such medical units and establishments as are entitled to be
respected under the Convention, and only with the consent of the
military authorities.
In mobile units, as in fixed establishments, it may be accom-
panied by the national flag of the Party to the conflict to which
the unit or establishment belongs.
Nevertheless, medical units which have fallen into the hands of
the enemy shall not fly any flag other than that of the Convention.
Parties to the conflict shall take the necessary steps, in so far
as military considerations permit, to make the distinctive emblems
indicating medical units and establishments clearly visible to the
enemy land, air or naval forces, in order to obviate the possibility
of any hostile action. (GWS, art. J$.)
243. Marking of Units of Neutral Countries
The medical units belonging to neutral countries, which may
have been authorized to lend their services to a belligerent under
the conditions laid down in Article 27, shall fly, along with the
flag of the Convention, the national flag of that belligerent, wher-
ever the latter makes use of the faculty conferred on him by
Article 42.
Subject to orders to the contrary by the responsible military
authorities, they may, on all occasions, fly their national flag, even
if they fall into the hands of the adverse Party. (GWS, art. 43.)
244. Restrictions in the Use of the Emblem
With the exception of the cases mentioned in the following
paragraphs of the present Article, the emblem of the Red Cross on
96
a white ground and the words "Red Cross", or "Geneva Cross"
may not be employed, either in time of peace or in time of war,
except to indicate or to protect the medical units and establish-
ments, the personnel and material protected by the present Con-
vention and other Conventions dealing with similar matters. The
same shall apply to the emblems mentioned in Article 38, second
paragraph, in respect of the countries which use them. The Na-
tional Red Cross Societies and other Societies designated in
Article 26 shall have the right to use the distinctive emblem con-
ferring the protection of the Convention only within the frame-
work of the present paragraph.
Furthermore, National Red Cross (Red Crescent, Red Lion and
Sun) Societies may, in time of peace, in accordance with their
national legislation, make use of the name and emblem of the
Red Cross for their other activities which are in conformity with
the principles laid down by the International Red Cross Con-
ferences. When those activities are carried out in time of war,
the conditions for the use of the emblem shall be such that it can-
not be considered as conferring the protection of the Convention;
the emblem shall be comparatively small in size and may not be
placed on armlets or on the roofs of buildings.
The international Red Cross organizations and their duly
authorized personnel shall be permitted to make use, at all times,
of the emblem of the Red Cross on a white ground.
As an exceptional measure, in conformity with national legis-
lation and with the express permission of one of the National Red
Cross (Red Crescent, Red Lion and Sun) Societies, the emblem of
the Convention may be employed in time of peace to identify
vehicles used as ambulances and to mark the position of aid
stations exclusively assigned to the purpose of giving free treat-
ment to the wounded or sick, (GWS, art. 44-)
245. United States Reservation
The United States, in ratifying the Geneva Convention * * *
does so with the reservation that * * * nothing contained therein
shall make unlawful, or obligate the United States of America
to make unlawful, any use or right of use within the United States
of America and its territories and possessions of the Red Cross
emblem, sign, insignia, or words as was lawful by reason of do-
mestic law and a use begun prior to January 5 » 1905, provided such
use by pre-1905 users does not extend to the placing of the Red
Cross emblem, sign, or insignia upon aircraft, vessels, vehicles,
buildings or other structures, or upon the ground. (T. I. A. S.
3862.)
97
CHAPTER 5
CIVILIAN PERSONS
Section I. GENERAL PROVISIONS
246. Protection of Civilians Generally
The protection of civilian persons is governed by both GO and HR,
the former supplementing the latter insofar as both relate to occupied
territory. Certain provisions of GO are applicable only in the terri-
tory of a party to the conflict, others to belligerently occupied territory,
a number to both or to civilian populations generally. Those relating
exclusively to occupied areas appear in chapter 6, while the require-
ments of GO having to do with the territory of a belligerent or with
both such territory and occupied territory or with the general protec-
tion of civilian persons are set forth in this chapter.
247. Definition of Protected Persons
a. Treaty Provision.
Persons protected by the Convention are those who, at a given
moment and in any manner whatsoever, find themselves, in case
of a conflict or occupation, in the hands of a Party to the conflict
or Occupying Power of which they are not nationals.
Nationals of a State which is not bound by the Convention are
not protected by it. Nationals of a neutral State who find them'
selves in the territory of a belligerent State, and nationals of a
co-belligerent State, shall not be regarded as protected persons
while the State of which they are nationals has normal diplomatic
representation in the State in whose hands they are.
The provisions of Part II are, however, wider in application, as
defined in Article 13.
Persons protected by the Geneva Convention for the Ameliora-
tion of the Condition of the Wounded and Sick in Armed Forces in
the Field of August 12, 1949, or by the Geneva Convention for the
Amelioration of the Condition of Wounded, Sick and Shipwrecked
Members of Armed Forces at Sea of August 12, 1949, or by the
Geneva Convention relative to the Treatment of Prisoners of War
of August 12, 1949, shall not be considered as protected persons
within the meaning of the present Convention. (GO, art. 4-)
b. Interpretation. Subject to qualifications set forth in paragraph
248. those protected by GO also include all persons who have engaged
in hostile or belligerent conduct but who are not entitled to treatment
as prisoners of war.
98
c. Wider Scope of Certain Articles. Part II, GG (sec. II of this
chapter), has a broader scope than the rest of GG. (See GG, art. 13;
par. 252 herein.)
248. Derogations
a. Domestic and Occupied Territory.
Where, in the territory of a Party to the conflict, the latter is
satisfied that an individual protected person is definitely sus-
pected of or engaged in activities hostile to the security of the
State, such individual person shall not be entitled to claim such
rights and privileges under the present Convention as would, if
exercised in the favour of such individual person, be prejudicial
to the security of such State.
Where in occupied territory an individual protected person is
detained as a spy or saboteur, or as a person under definite sus-
picion of activity hostile to the security of the Occupying Power,
such person shall, in those cases where absolute military secu-
rity so requires, be regarded as having forfeited rights of com-
munication under the present Convention.
In each case, such persons shall nevertheless be treated with
humanity, and in case of trial, shall not be deprived of the rights
of fair and regular trial prescribed by the present Convention.
They shall also be granted the full rights and privileges of a
protected person under the present Convention at the earliest
date consistent with the security of the State or Occupying Power,
as the case may be. (GG, art. 5.) (See also par. 73.)
b. Other Areas. Where, in territories other than those mentioned
in a above, a Party to the conflict is satisfied that an individual pro-
tected person is de6nitely suspected of or engaged in activities hostile
to the security of the State, such individual person is similarly not en-
titled to claim such rights and priviliges under GG as would, if exer-
cised in favor of such individual person, be prejudicial to the security
of such State.
c. Acts Punishable. The foregoing provisions impliedly recognize
the power of a Party to the conflict to impose the death penalty and
lesser punishments on spies, saboteurs, and other persons not entitled
to be treated as prisoners of war, except to the extent that that power
has been limited or taken away by Article 68, GG (par. 438).
249. Beginning and End of Application
a. Treaty Provision.
The present Convention shall apply from the outset of any
conflict or occupation mentioned in Article 2.
99
In the territory of Parties to the conflict, the application of
the present Convention shall cease on the general close of military
operations.
In the case of occupied territory, the application of the present
Convention shall cease one year after the general close of mili-
tary operations; however, the Occupying Power shall be bound,
for the duration of the occupation, to the extent that such Power
exercises the functions of government in such territory, by the
provisions of the following Articles of the present Convention;
1 to 12, 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77, 143.
Protected persons whose release, repatriation or re-establish-
ment may take place after such dates shall meanwhile continue
to benefit by the present Convention. {GO, art. 6.)
b. Reestablishment of Protected Persons. The word "reestablish-
ment," as used in a, refers to protected persons who cannot be repa-
triated because, for example, they would be liable to persecution in
their own country, or because their homes have been destroyed.
250. Special Agreements
In addition to the agreements expressly provided for in Articles
11, 14, 15, 17, 36, 108, 109, 132, 133 and 149, the High Contracting
Parties may conclude other special agreements for all matters
concerning which they may deem it suitable to make separate
provision. No special agreement shall adversely affect the situa-
tion of protected persons, as defined by the present Convention,
nor restrict the rights which it confers upon them.
Protected persons shaU continue to have the benefit of such
agreements as long as the Convention is applicable to them, ex-
cept where express provisions to the contrary are contained in
the aforesaid or in subsequent agreements, or where more favour-
able measures have been taken with regard to them by one or
other of the Parties to the conflict. {GO, art. 7.)
251. Non-renunciation of Rights
Protected persons may in no circumstances renounce in part
or in entirety the rights secured to them by the present Conven-
tion, and by the special agreements referred to in the foregoing
Article, if such there be. (GO, art. 8.)
Section II. GENERAL PROTECTION OF POPULATIONS AGAINST CERTAIN
CONSEQUENCES OF WAR
252. Field of Application
a. Treaty Provision.
The provisions of Part II cover the whole of the populations
of the countries in conflict, without any adverse distinction based,
in particular, on race, nationality, religion or political opinion,
TOO
and are intended to alleviate the sufferings caused by war. (GC
art. 13.)
b. The State and Its Own Nationals. The provisions mentioned
in a concern not only the relations between a given nation and aliens
but also the relations between a nation and its own nationals, and
also apply to neutral inhabitants of the countries in conflict
253. Hospital and Safety Zones and Localities
In time of peace, the High Contracting Parties and, after the
outbreak of hostilities, the Parties thereto, may establish in their
own territory and, if the need arises, in occupied areas, hospital
and safety zones and localities so organized as to protect from the
effects of war, wounded, sick and aged persons, children under
fifteen, expectant-mothers and mothers of children under seven.
Upon the outbreak and during the course of hostilities, the
Parties concerned may conclude agreements on mutual recogni-
tion of the zones and localities they have created. They may for
this purpose implement the provisions of the Draft Agreement
annexed to the present Convention, with such amendments as
they may consider necessary.
The Protecting Powers and the International Committee of the
Red Cross are invited to lend their good offices in order to facili-
tate the institution and recognition of these hospital and safety
zones and localities. (GC, art. J 4.)
254. Neutralized Zones
a. Treaty Provision.
Any Party to the conflict may, either direct or through a neutral
State or some humanitarian organization, propose to the adverse
Party to establish, in the regions where fighting is taking place,
neutralized zones intended to shelter from the effects of war the
following persons, without distinction:
(a) wounded and sick combatants or non-combatants;
(6) civilian persons who take no part in hostilities, and who,
while they reside in the zones, perform no work of a
military character.
When the Parties concerned have agreed upon the geographical
position, administration, food supply and supervision of the pro-
posed neutralized zone, a written agreement shall be concluded
and signed by the representatives of the Parties to the conflict.
The agreement shall fix the beginning and the duration of the
neutralization of the zone. (GC, art. 15.)
b. By Whom Agreements Concluded. The agreements mentioned
in a and elsewhere in this section may be concluded either by the
governments concerned or by subordinate military commanders.
101
255. General Protection of Wounded and Sick
The wounded and sick, as well as the infirm, and expectant
mothers, shall be the object of particular protection and respect.
As far as military considerations allow, each Party to the con-
flict shall facilitate the steps taken to search for the killed and
wounded, to assist the shipwrecked and other persons exposed
to grave danger, and to protect them against pillage and ill-
treatment. (<?<7, art. 16.)
256. Evacuation of Wounded and Sick
The Parties to the conflict shall endeavour to conclude local
agreements for the removal from besieged or encircled areas, of
wounded, sick, infirm, and aged persons, children and maternity
cases, and for the passage of ministers of all religions, medical
personnel and medical equipment on their way to such areas.
(GC, art. 17.)
257. Protection of Hospitals
Civilian hospitals organized to give care to the wounded and
sick, the infirm and maternity cases, may in no circumstances be
the object of attack, but shall at all times be respected and pro-
tected by the Parties to the conflict.
States which are Parties to a conflict shall provide all civilian
hospitals with certificates showing that they are civilian hospitals
and that the buildings which they occupy are not used for any
purpose which would deprive these hospitals of protection in
accordance with Article 19.
Civilian hospitals shall be marked by means of the emblem pro-
vided for in Article 38 of the Geneva Convention for the Ameliora-
tion of the Condition of the Wounded and Sick in Armed Forces
in the Field of August 12, 1949, but only if so authorized by the
State.
The Parties to the conflict shall, in so far as military consider-
ations permit, take the necessary steps to make the distinctive
emblems indicating civilian hospitals clearly visible to the enemy
land, air and naval forces in order to obviate the possibility of any
hostile action.
In view of the dangers to which hospitals may be exposed by
being close to military objectives, it Is recommended that such
hospitals be situated as far as possible from such objectives.
{GC, art. 18.)
258. Discontinuance of Protection of Hospitals
a. Treaty Provision.
The protection to which civilian hospitals are entitled shall not
cease unless they are used to commit, outside their humanitarian
102
duties, acts harmful to the enemy. Protection may, however,
cease only after due warning has been given, naming, in all appro-
priate cases, a reasonable time limit, and after such warning has
remained unheeded.
The fact that sick or wounded members of the armed forces
are nursed in these hospitals, or the presence of small arms and
ammunition taken from such combatants and not yet handed to
the proper service, shall not be considered to be acts harmful to
the enemy, (GO, art. 19.)
b. Meaning of Acts Harmful to the Enemy. Acts harmful to the
enemy are not only acts of warfare proper but any activity character-
izing combatant action, such as setting up observation posts or the use
of the hospital as a liaison center for fighting troops.
259. Hospital Staff
a. Treaty Provision.
Persons regularly and solely engaged in the operation and
administration of civilian hospitals, including the personnel en-
gaged in the search for, removal and transporting of and caring
for wounded and sick civilians, the infirm and maternity cases,
shall be respected and protected.
In occupied territory and in zones of military operations, the
above personnel shall be recognizable by means of an identity
card certifying their status, bearing the photograph of the holder
and embossed with the stamp of the responsible authority, and
also by means of a stamped, water-resistant armlet which they
shall wear on the left arm while carrying out their duties. This
armlet shall be issued by the State and shall bear the emblem
provided for in Article 38 of the Geneva Convention for the
Amelioration of the Condition of the Wounded and Sick in Armed
Forces in the Field of August 12, 1949.
Other personnel who are engaged in the operation and adminis-
tration of civilian hospitals shall be entitled to respect and pro-
tection and to wear the armlet, as provided in and under the
conditions prescribed in this Article, while they are employed on
such duties. The identity card shall state the duties on which
they are employed.
The management of each hospital shall at all times hold at the
disposal of the competent national or occupying authorities an
up-to-date list of such personnel. ( GO, art. 20. )
o. Interpretation, The persons "regularly and solely engaged in
the operation and administration of civilian hospitals" include all
members of the professional staff and all employees of hospitals,
whether or not in direct contact with the wounded and sick, provided
they have no occupation other than their work in the hospitals.
103
260. Land and Sea Transport
Convoys of vehicles or hospital trains on land or specially pro-
vided vessels on sea, conveying wounded and sick civilians, the
infirm and maternity cases, shall be respected and protected in
the same manner as the hospitals provided for in Article 18, and
shall be marked, with the consent of the State, by the display of
the distinctive emblem provided for in Article 38 of the Geneva
Convention for the Amelioration of the Condition of the Wounded
and Sick in Armed Forces in the Field of August 12, 1949. (GO,
art. 21.)
261. Air Transport
Aircraft exclusively employed for the removal of wounded and
sick civilians, the infirm and maternity cases, or for the transport
of medical personnel and equipment, shall not be attacked, but
shall be respected while flying at heights, times and on routes
specifically agreed upon between all the Parties to the conflict
concerned.
They may be marked with the distinctive emblem provided for
in Article 38 of the Geneva Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in the Field
of August 12, 1949.
Unless agreed otherwise, flights over enemy or enemy-occupied
territory are prohibited.
Such aircraft shall obey every summons to land. In the event
of a landing thus imposed, the aircraft with its occupants may
continue its flight after examination if any. {GO, art. M.)
262. Consignments of Medical Supplies, Food, and Clothing
Each High Contracting Party shall allow the free passage of
all consignments of medical and hospital stores and objects neces-
sary for religious worship intended only for civilians of another
High Contracting Party, even if the latter is its adversary. It
shall likewise permit the free passage of all consignments of
essential foodstuffs, clothing and tonics intended for children
under fifteen, expectant mothers and maternity cases.
The obligation of a High Contracting Party to allow the free
passage of the consignments indicated in the preceding paragraph
is subject to the condition that this Party is satisfied that there are
no serious reasons for fearing;
(a) that the consignments may be diverted from their desti-
nation,
(6) that the control may not be effective, or
(c) that a definite advantage may accrue to the military
efforts or economy of the enemy through the substitution
of the above-mentioned consignments for goods which
104
would otherwise be provided or produced by the enemy
or through the release of such material, services or facili-
ties as would otherwise be required for the production
of such goods.
The Power which allows the passage of the consignments indi-
cated in the first paragraph of this Article may make such per-
mission conditional on the distribution of the persons benefited
thereby being made under the local supervision of the Protecting
Powers.
Such consignments shall be forwarded as rapidly as possible,
and the Power which permits their free passage shall have the
right to prescribe the technical arrangements under which such
passage is allowed. {GO, art. 23.)
263. Measures Relating to Child Welfare
The Parties to the conflict shall take the necessary measures
to ensure that children under fifteen, who are orphaned or are
separated from their families as a result of the war, are not left
to their own resources, and that their maintenance, the exercise
of their religion and their education are facilitated in all circum-
stances. Their education shall, as far as possible, be entrusted
to persons of a similar cultural tradition.
The Parties to the conflict shall facilitate the reception of such
children in a neutral country for the duration of the conflict with
the consent of the Protecting Power, if any, and under due safe-
guards for the observance of the principles stated in the first
paragraph.
They shall, furthermore, endeavour to arrange for all children
under twelve to be identified by the wearing of identity discs, or
by some other means. (GO, art. £4.)
264. Family News
All persons in the territory of a Party to the conflict, or in a
territory occupied by it, shall be enabled to give news of a strictly
personal nature to members of their families, wherever they may
be, and to receive news from them. This correspondence shall
be forwarded speedily and without undue delay.
If, as a result of circumstances, it becomes difficult or impos-
sible to exchange family correspondence by the ordinary post,
the Parties to the conflict concerned shall apply to a neutral
intermediary, such as the Central Agency provided for in Article
140, and shall decide in consultation with it how to ensure the
fulfillment of their obligations under the best possible conditions,
in particular with the cooperation of the National Red Cross (Red
Crescent, Red Lion and Sun) Societies.
105
If the Parties to the conflict deem it necessary to restrict family-
correspondence, such restrictions shall be confined to the com-
pulsory use of standard forms containing twenty-fire freely
chosen words, and to the limitation of the number of these forms
despatched to one each month. (GO, art. 25.)
265. Dispersed Families
Each Party to the conflict shall facilitate enquiries made by
members of families dispersed owing to the war, with the object
of renewing contact with one another and of meeting, if possible.
It shall encourage, in particular, the work of organizations en-
gaged on this task provided they are acceptable to it and conform
to its security regulations. (GO, art. 26.)
Section III. PROVISIONS COMMON TO THE TERRITORIES OF THE
PARTIES TO THE CONFLICT AND TO OCCUPIED TERRITORIES
266. General
Protected persons are entitled, in all circumstances, to respect
for their persons, their honour, their family rights, their religious
convictions and practices, and their manners and customs. They
shall at all times be humanely treated, and shall be protected
especially against all acts of violence or threats thereof and
against insults and public curiosity.
Women shall be especially protected against any attack on their
honour, in particular against rape, enforced prostitution, or any
form of indecent assault.
Without prejudice to the provisions relating to their state of
health, age and sex, all protected persons shall be treated with
the same consideration by the Party to the conflict in whose power
they are, without any adverse distinction based, in particular, on
race, religion or political opinion.
However, the Parties to the conflict may take such measures of
control and security in regard to protected persons as may be
necessary as a result of the war. (GO, art. 27.)
267. Danger Zones
The presence of a protected person may not be used to render
certain points or areas immune from military operations. (GO,
art. 28.)
268. Responsibilities
The Party to the conflict in whose hands protected persons may
be, is responsible for the treatment accorded to them by its
agents, irrespective of any individual responsibility which may
be incurred. (GO, art. 29.)
106
269. Application to Prelecting Powers and Relief Organizations
Protected persons shall have every facility for making appli-
cation to the Protecting Powers, the International Committee of
the Red Cross, the National Red Cross (Red Crescent, Red Lion
and Sun) Society of the country where they may be, as well as to
any organization that might assist them.
These several organizations shall be granted all facilities for
that purpose by the authorities, within the bounds set by military
or security considerations.
Apart from the visits of the delegates of the Protecting Powers
and of the International Committee of the Red Cross, provided
for by Article 143, the Detaining or Occupying Powers shall facili-
tate as much as possible visits to protected persons by the repre-
sentatives of other organizations whose object is to give spiritual
aid or material relief to such persons. (GC, art. 30.)
270. Prohibition of Coercion
a. Treaty Provision.
No physical or moral coercion shall be exercised against pro-
tected persons, in particular to obtain information from them or
from third parties. ( GO, art. SI.)
b. Guides. Among the forms of coercion prohibited is the impress-
ment of guides from the local inhabitants.
271 . Prohibition of Corporal Punishment, Torture, Etc.
The High Contracting Parties specifically agree that each of
them is prohibited from taking any measure of such a character
as to cause the physical suffering or extermination of protected
persons in their hands. This prohibition applies not only to
murder, torture, corporal punishment, mutilation and medical or
scientific experiments not necessitated by the medical treatment
of a protected person, but also to any other measures of brutality
whether applied by civilian or military agents. (GO, art. 32.)
272. Individual Responsibility, Collective Penalties, Reprisals, Pillage
No protected person may be punished for an offence he or she
has not personally committed. Collective penalties and likewise
all measures of intimidation or of terrorism are prohibited.
Pillage is prohibited.
Reprisals against protected persons and their property are
prohibited. {GO, art. 33.) {See also pars. 47 and 397.)
273. Hostages
The taking of hostages is prohibited. (GO, art. 34.)
107
Section IV. ALIENS IN THE TERRITORY OF A PARTY TO THE CONFLICT
274. Right to Leave the Territory
All protected persons who may desire to leave the territory at
the outset of, or during a conflict, shall be entitled to do so, unless
their depature is contrary to the national interest of the State.
The applications of such persons to leave shall be decided in ac-
cordance with regularly established procedures and the decision
shall be taken as rapidly as possible. Those persons permitted
to leave may provide themselves with the necessary funds for their
journey and take with them a reasonable amount of their effects
and articles of personal use.
If any such person is refused permission to leave the territory,
he shall be entitled to have such refusal reconsidered as soon as
possible by an appropriate court or administrative board desig-
nated by the Detaining Power for that purpose.
Upon request, representatives of the Protecting Power shall,
unless reasons of security prevent it, or the persons concerned
object, be furnished with the reasons for refusal of any request
for permission to leave the territory and be given, as expeditiously
as possible, the names of all persons who have been denied per-
mission to leave. (GO, art. $5.)
275. Conditions of Departure
Departures permitted under the foregoing Articles shall be
carried out in satisfactory conditions as regards safety, hygiene,
sanitation and food. All costs in connection therewith, from the
point of exit in the territory of the Detaining Power, shall be
borne by the country of destination, or, in the case of accommoda-
tion in a neutral country, by the Power whose nationals are bene-
fited. The practical details of such movements may, if necessary,
be settled by special agreements between the Powers concerned.
The foregoing shall not prejudice such special agreements as
may be concluded between Parties to the conflict concerning the
exchange and repatriation of their nationals in enemy hands.
(GO, art. 36.)
276. Persons in Confinement
Protected persons who are confined pending proceedings or
serving a sentence involving loss of liberty, shall during their
confinement be humanely treated.
As soon as they are released, they may ask to leave the territory
in conformity with the foregoing Articles. (GO, art. 37.)
277. Non-repatriated Persons: General
With the exception of special measures authorized by the
present Convention, in particular by Articles 27 and 41 thereof,
108
the situation of protected persons shall continue to be regulated,
in principle, by the provisions concerning aliens in time of peace.
In any case, the following rights shall be granted to them:
(1) They shall be enabled to receive the individual or collec-
tive relief that may be sent to them.
(2) They shall, if their state of health so requires, receive
medical attention and hospital treatment to the same
extent as the nationals of the State concerned.
(3) They shall be allowed to practise their religion and to
receive spiritual assistance from ministers of their faith.
(4) If they reside in an area particularly exposed to the
dangers of war, they shall be authorised to move from
that area to the same extent as the nationals of the State
concerned.
(5) Children under fifteen years, pregnant women and
mothers of children under seven years shall benefit by
any preferential treatment to the same extent as the na-
tionals of the State concerned. (<?C, art. 88.)
278. Non-repatriated Persons: Means of Existence
Protected persons who, as a result of the war, have lost their
gainful employment, shall be granted the opportunity to find
paid employment. That opportunity shall, subject to security
considerations and to the provisions of Article 40, be equal to that
enjoyed by the nationals of the Power in whose territory they are.
Where a Party to the conflict applies to a protected person
methods of control which result in his being unable to support
himself, and especially if such a person is prevented for reasons
of security from finding paid employment on reasonable condi-
tions, the said Party shall ensure his support and that of his
dependents.
Protected persons may in any case receive allowances from
their home country, the Protecting Power, or the relief societies
referred to in Article 30. ( GO, art. 39.)
279. Non-repatriated Persons: Employment
Protected persons may be compelled to work only to the same
extent as nationals of the Party to the conflict in whose territory
they are.
If protected persons are of enemy nationality, they may only
be compelled to do work which is normally necessary to ensure
the feeding, sheltering, clothing, transport and health of human
beings and which is not directly related to the conduct of military
operations.
In the cases mentioned in the two preceding paragraphs, pro-
tected persons compelled to work shall have the benefit of the
684524 0-63 — 8
109
same working conditions and of the same safeguards as national 1
workers, in particular as regards wages, hours of labour, clothing
and equipment, previous training and compensation for occupa-
tional accidents and diseases.
If the above provisions are infringed, protected persons shall
be allowed to exercise their right of complaint in accordance with
Article 30. ( GO, art. Jfi.)
280. Internment or Assigned Residence
a. Treaty Provision.
Should the Power in whose hands protected persons may be
consider the measures of control mentioned in the present Con-
vention to be inadequate, it may not have recourse to any other
measure of control more severe than that of assigned residence
or internment, in accordance with the provisions of Articles 42
and 43.
In applying the provisions of Article 39, second paragraph, to
the cases of persons required to leave their usual places of resi-
dence by virtue of a decision placing them in assigned residence
elsewhere, the Detaining Power shall be guided as closely as
possible by the standards of welfare set forth in Part III, Section
IV of this Convention. (<?<7, art. 41.)
b. Penal Legislation. The foregoing provision does not preclude
the application of ordinary penal legislation to protected persons.
281. Grounds for Internment or Assigned Residence; Voluntary Intern-
ment
The internment or placing in assigned residence of protected
persons may be ordered only if the security of the Detaining
Power makes it absolutely necessary.
If any person, acting through the representatives of the Pro-
tecting Power, voluntarily demands internment, and if his situa-
tion renders this step necessary, he shall be interned by the Power
in whose hand he may be. (GO, art. 42-)
282. Procedure
a. Treaty Provision.
Any protected person who has been interned or placed in as-
signed residence shall be entitled to have such action reconsidered
as soon as possible by an appropriate court or administrative
board designated by the Detaining Power for that purpose. If
the internment or placing in assigned residence is maintained, the
court or administrative board shall periodically, and at least
twice yearly, give consideration to his or her case with a view
110
to the favourable amendment of the initial decision, if circum-
stances permit.
Unless the protected persons concerned object, the Detaining
Power shall, as rapidly as possible, give the Protecting Power
the names of any protected persons who have been interned or
subjected to assigned residence, or who have been released from
internment or assigned residence. The decisions of the courts
or boards mentioned in the first paragraph of the present Article
shall also, subject to the same conditions, be notified as rapidly
as possible to the Protecting Power. {GC, art. %3.)
b. Prohibited Areas. The term "assigned residence" refers to
measures taken with respect to individuals or families and does not
include prohibitions on entry into or residence in specified zones,
which have been imposed on groups of people by reason of their
nationality or like criteria.
283. Refugees
a. Treaty Provision.
In applying the measures of control mentioned in the present
Convention, the Detaining Power shall not treat as enemy aliens
exclusively on the basis of their nationality de jure of an enemy
State, refugees who do not, in fact, enjoy the protection of any
government. (GC, art.
b. Purpose. The purpose of the foregoing article is to insure that
refugees who may only technically remain enemy aliens are not on that
basis automatically subject to control measures, notwithstanding the
fact they actually are not protected by their government. However,
the quoted provision does not in any way deny the right of a State
to intern any such person or subject him to any other recognized
measure of control when there is any additional reason that renders
necessary the taking of such action as may be required for the security
of the State in a moment of national crisis.
284. Transfer to Another Power
Protected persons shall not be transferred to a Power which
is not a party to the Convention.
This provision shall in no way constitute an obstacle to the
repatriation of protected persons, or to their return to their
country of residence after the cessation of hostilities.
Protected persons may be transferred by the Detaining Power
only to a Power which is a party to the present Convention after
the Detaining Power has satisfied itself of the willingness and
ability of such transferee Power to apply the present Convention.
If protected persons are transferred under such circumstances,
responsibility for the application of the present Convention rests
111
on the Power accepting them, while they are in its custody.
Nevertheless, if that Power fails to carry out the provisions of
the present Convention in any important respect, the Power by
which the protected persons were transferred shall, upon being
so notified by the Protecting Power, take effective measures to
correct the situation or shall request the return of the protected
persons. Such request must be complied with.
In no circumstances shall a protected person be transferred to
a country where he or she may have reason to fear persecution
for his or her political opinions or religious beliefs.
The provisions of this Article do not constitute an obstacle to
the extradition, in pursuance of extradition treaties concluded
before the outbreak of hostilities, of protected persons accused
of offences against ordinary criminal law. (GO, art. Ifi.)
285. Cancellation of Restrictive Measures
In so far as they have not been previously withdrawn, restric-
tive measures taken regarding protected persons shall be can-
celled as soon as possible after the close of hostilities.
Restrictive measures affecting their property shall be cancelled,
in accordance with the law of the Detaining Power, as soon as
possible after the close of hostilities. (GO, art. Ifi.)
Section V. REGULATIONS FOR THE TREATMENT OF INTERNEES
286. Cases of Internment and Provisions Applicable
The Parties to the conflict shall not intern protected persons,
except in accordance with the provisions of Articles 41, 42, 43,
68 and 78. (GO, art. 79.)
287. Civil Capacity
Internees shall retain their full civil capacity and shall exercise
such attendant rights as may be compatible with their status.
(GO, art. 80.)
288. Maintenance
Parties to the conflict who intern protected persons shall be
bound to provide free of charge for their maintenance, and to
grant them also the medical attention required by their state
of health.
No deduction from the allowances, salaries or credits due to
the internees shall be made for the repayment of these costs.
The Detaining Power shall provide for the support of those
dependent on the internees, if such dependents are without ade-
quate means of support or are unable to earn a living. (GO,
art. 81.)
1U
289. Grouping of Internees
The Detaining Power shall, as far as possible, accommodate the
internees according to their nationality, language and customs.
Internees who are nationals of the same country shall not be
separated merely because they have different languages.
Throughout the duration of their internment, members of the
same family, and in particular parents and children, shall be
lodged together in the same place of internment, except when
separation of a temporary nature is necessitated for reasons of
employment or health or for the purposes of enforcement of the
provisions of Chapter IX of the present Section. Internees may
request that their children who are left at liberty without
parental care shall be interned with them.
Wherever possible, interned members of the same family shall
be housed in the same premises and given separate accommoda-
tions from other internees, together with facilities for leading
a proper family life. (GO, art. S3.)
290. Location of Places of Internment
The Detaining Power shall not set up places of internment in
areas particularly exposed to the dangers of war.
The Detaining Power shall give the enemy Powers, through the
intermediary °f the Protecting Powers, all useful information
regarding the geographical location of places of internment.
Whenever military considerations permit, internment camps
shall be indicated by the letters IC, placed so as to be clearly
visible in the daytime from the air. The Powers concerned may,
however, agree upon any other system of marking. No place
other than an internment camp shall be marked as such. {GO,
art. 83.)
291. Separate Internment
Internees shall be accommodated and administered separately
from prisoners of war and from persons deprived of liberty for
any other reason. {GO, art. 84.)
292. Accommodation; Hygiene
The Detaining Power is bound to take all necessary and possible
measures to ensure that protected persons shall, from the outset
of their internment, be accommodated in buildings or quarters
which afford every possible safeguard as regards hygiene and
health, and provide efficient protection against the rigours of
the climate and the effects of the war. In no case shall permanent
places of internment be situated in unhealthy areas, or in districts
the climate of which is injurious to the internees. In all cases
where the district, in which a protected person is temporarily
113
interned, is in an unhealthy area or has a climate which is harm-
ful to his health, he shall be removed to a more suitable place
of internment as rapidly as circumstances permit.
The premises shall be fully protected from dampness, adequately
heated and lighted, in particular between dusk and lights out.
The sleeping quarters shall be sufficiently spacious and well
ventilated, and the internees shall have suitable bedding and
sufficient blankets, account being taken of the climate, and the
age, sex, and state of health of the internees.
Internees shall have for their use, day and night, sanitary
conveniences which conform to the rules of hygiene and are con-
stantly maintained in a state of cleanliness. They shall be pro-
vided with sufficient water and soap for their daily personal
toilet and for washing their personal laundry; installations and
facilities necessary for this purpose shall be granted to them.
Showers or baths shall also be available. The necessary time
shall be set aside for washing and for cleaning.
Whenever it is necessary, as an exceptional and temporary
measure, to accommodate women internees who are not members
of a family unit in the same place of internment as men, the
provision of separate sleeping quarters and sanitary conveniences
for the use of such women internees shall be obligatory. (GO,
art. 85.)
293. Premises for Religious Services
The Detaining Power shall place at the disposal of interned
persons, of whatever denomination, premises suitable for the
holding of their religious services. (GO, art. 86.)
294. Canteens
a. Treaty Provision.
Canteens shall be installed in every place of internment, except
where other suitable facilities are available. Their purpose shall
be to enable internees to make purchases, at prices not higher than
local market prices, of foodstuffs and articles of everyday use,
including soap and tobacco, such as would increase their personal
well-being and comfort.
Profits made by canteens shall be credited to a welfare fund
to be set up for each place of internment, and administered for
the benefit of the internees attached to such place of internment.
The Internee Committee provided for in Article 102 shall have
the right to check the management of the canteen and of the
said fund.
When a place of internment is closed down, the balance of the
welfare fund shall be transferred to the welfare fund of a place
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of internment for internees of the same nationality, or, if such a
place does not exist, to a central welfare fund which shall be
administered for the benefit of all internees remaining in the
custody of the Detaining Power. In case of a general release,
the said profits shall be kept by the Detaining Power, subject to
any agreement to the contrary between the Powers concerned.
(GO, art. 87.)
b. Limitation on Privilege. Interned persons are not entitled to
more favorable treatment than the population at large with respect
to canteen facilities and are equally subject to regulations, such as
those pertaining to rationing, which are applied to the population
generally.
295. Air-Raid Shelters and Protective Measures
In all places of internment exposed to air raids and other
hazards of war, shelters adequate in number and structure to
ensure the necessary protection shall be installed. In case of
alarms, the internees shall be free to enter such shelters as quickly
as possible, excepting those who remain for the protection of
their quarters against the aforesaid hazards. Any protective
measures taken in favour of the population shall also apply to
them.
All due precautions must be taken in places of internment
against the danger of fire. {GO, art. 88.)
296. Food
Daily food rations for internees shall be sufficient in quantity,
quality, and variety to keep internees in a good state of health and
prevent the development of nutritional deficiencies. Account
shall also be taken of the customary diet of the internees.
Internees shall also be given the means by which they can
prepare for themselves any additional food in their possession.
Sufficient drinking water shall be supplied to internees. The
use of tobacco shall be permitted.
Internees who work shall receive additional rations in propor-
tion to the kind of labour which they perform.
Expectant and nursing mothers, and children under fifteen
years of age, shall be given additional food, in proportion to their
physiological needs. {GO, art. 89.)
297. Clothing
When taken into custody, internees shall be given all facilities
to provide themselves with the necessary clothing, footwear and
change of underwear, and later on, to procure further supplies if
required. Should any internees not have sufficient clothing,
account being taken of the climate, and be unable to procure any,
115
it shall be provided free of charge to them by the Detaining
Power.
The clothing supplied by the Detaining Power to internees and
the outward markings placed on their own clothes shall not be
ignominious nor expose them to ridicule.
Workers shall receive suitable working outfits, including pro-
tective clothing, whenever the nature of their work so requires.
(GO, art. 90.)
298. Medical Attention
Every place of internment shall have an adequate infirmary,
under the direction of a qualified doctor, where internees may
have the attention they require, as well as an appropriate diet.
Isolation wards shall be set aside for cases of contagious or
mental diseases.
Maternity cases and internees suffering from serious diseases,
or whose condition requires special treatment, a surgical opera-
tion or hospital care, must be admitted to any institution where
adequate treatment can be given and shall receive care not
inferior to that provided for the general population.
Internees shall, for preference, have the attention of medical
personnel of their own nationality.
Internees may not be prevented from presenting themselves
to the medical authorities for examination. The medical authori-
ties of the Detaining Power shall, upon request, issue to every in-
ternee who has undergone treatment an official certificate showing
the nature of his illness or injury, and the duration and nature of
the treatment given. A duplicate of this certificate shall be for-
warded to the Central Agency provided for in Article 140.
Treatment, including the provision of any apparatus necessary
for the maintenance of internees in good health, particularly
dentures and other artificial appliances and spectacles, shall be
free of charge to the internee. (GO, art. 91.)
299. Medical Inspection
Medical inspections of Internees shall be made at least once
a month. Their purpose shall be, in particular, to supervise the
general state of health, nutrition and cleanliness of internees,
and to detect contagious diseases, especially tuberculosis, ma-
laria, and venereal diseases. Such inspections shall include, in
particular, the checking of weight of each internee and, at least
once a year, radioscopic examination. (GO, art. 9%.)
300. Religious Freedoms
Internees shall enjoy complete latitude in the exercise of their
religious duties, including attendance at the services of their
116
faith, on condition that they comply with the disciplinary routine
prescribed by the detaining authorities.
Ministers of religion who are interned shall be allowed to
minister freely to the members of their community. For this
purpose, the Detaining Power shall ensure their equitable alloca-
tion amongst the various places of internment in which there are
internees speaking the same language and belonging to the same
religion. Should such ministers be too few in number, the De-
taining Power shall provide them with the necessary facilities,
including means of transport, for moving from one place to
another, and they shall be authorized to visit any internees who
are in hospital. Ministers of religion shall be at liberty to corre-
spond on matters concerning their ministry with the religious
authorities in the country of detention and, as far as possible,
with the international religious organizations of their faith. Such
correspondence shall not be considered as forming a part of the
quota mentioned in Article 107. It shall, however, be subject to
the provisions of Article 112.
When internees do not have at their disposal the assistance of
ministers of their faith, or should these latter be too few in
number, the local religious authorities of the same faith may
appoint, in agreement with the Detaining Power, a minister of
the internees' faith or, if such a course is feasible from a denomi-
national point of view, a minister of similar religion or a qualified
layman. The latter shall enjoy the facilities granted to the
ministry he has assumed. Persons so appointed shall comply
with all regulations laid down by the Detaining Power in the
interests of discipline and security. (GC, art. 93.)
301 . Recreational Study, Sports, and Games
The Detaining Power shall encourage intellectual, educational
and recreational pursuits, sports and games amongst internees,
whilst leaving them free to take part in them or not. It shall take
all practicable measures to ensure the exercise thereof, in particu-
lar by providing suitable premises.
All possible facilities shall be granted to internees to continue
their studies or to take up new subjects. The education of chil-
dren and young people shall be ensured; they shall be allowed to
attend schools either within the place of internment or outside.
Internees shall be given opportunities for physical exercise,
sports and outdoor games. For this purpose, sufficient open
spaces shall be set aside in all places of internment. Special
playgrounds shall be reserved for children and young people.
(GO, art. 94-)
117
302. Working Conditions
a. Treaty Provision.
The Detaining Power shall not employ internees as workers,
unless they so desire. Employment which, if undertaken under
compulsion by a protected person not in internment, would in-
volve a breach of Articles 40 or 51 of the present Convention, and
employment on work which is of a degrading or humilitating
character are in any case prohibited.
After a working period of six weeks, internees shall be free
to give up work at any moment, subject to eight days' notice.
These provisions constitute no obstacle to the right of the De-
taining power to employ interned doctors, dentists and other
medical personnel in their professional capacity on behalf of
their fellow internees, or to employ internees for administrative
and maintenance work in places of internment and to detail such
persons for work in the kitchens or for other domestic tasks, or
to require such persons to undertake duties connected with the
protection of internees against aerial bombardment or other war
risks. No internee may, however, be required to perform tasks for
which he is, in the opinion of a medical officer, physically unsuited.
The Detaining Power shall take entire responsibility for all
working conditions, for medical attention, for the payment of
wages, and for ensuring that all employed internees receive com-
pensation for occupational accidents and diseases. The standards
prescribed for the said working conditions and for compensation
shall be in accordance with the national laws and regulations,
and with the existing practice; they shall in no case be inferior
to those obtaining for work of the same nature in the same dis-
trict. Wages for work done shall be determined on an equitable
basis by special agreements between the internees, the Detaining
Power, and, if the case arises, employers other than the Detaining
Power, due regard being paid to the obligation of the Detaining
Power to provide for free maintenance of internees and for the
medical attention which their state of health may require. In-
ternees permanently detailed for categories of work mentioned
in the third paragraph of this Article, shall be paid fair wages
by the Detaining Power. The working conditions and the scale
of compensation for occupational accidents and diseases to
internees thus detailed, shall not be inferior to those applicable
to work of the same nature in the same district. (GO, art. 95.)
b. Wages. Since internees are free of normal financial responsi-
bilities, they are not entitled to receive from the Detaining Power by
way of wages the whole of the amount paid over by their employers.
118
303. Labor Detachments
All labour detachments shall remain part of and dependent
upon a place of internment. The competent authorities of the
Detaining Power and the commandant of a place of internment
shall be responsible for the observance in a labour detachment
of the provisions of the present Convention. The commandant
shall keep an up-to-date list of the labour detachments subordi-
nate to him and shall communicate it to the delegates of the
Protecting Power, of the International Committee of the Red
Cross and of other humanitarian organizations who may visit the
places of internment. (GC, art. 96.)
304. Valuables and Personal Effects
Internees shall be permitted to retain articles of personal use.
Monies, cheques, bonds, etc., and valuables in their possession may
not be taken from them except in accordance with established
procedure. Detailed receipts shall be given therefor.
The amounts shall be paid into the account of every internee
as provided for in Article 98. Such amounts may not be converted
into any other currency unless legislation in force in the territory
in which the owner is interned so requires or the internee gives
his consent.
Articles which have above all a personal or sentimental value
may not be taken away.
A woman internee shall not be searched except by a woman.
On release or repatriation, internees shall be given all articles,
monies or other valuables taken from them during internment
and shall receive in currency the balance of any credit to their
accounts kept in accordance with Article 98, with the exception
of any articles or amounts withheld by the Detaining Power by
virtue of its legislation in force. If the property of an internee
is so withheld, the owner shall receive a detailed receipt.
Family or identity documents in the possession of internees
may not be taken away without a receipt being given. At no time
shall internees be left without identity documents. If they have
none, they shall be issued with special documents drawn up by the
detaining authorities, which will serve as their identity papers
until the end of their internment.
Internees may keep on their persons a certain amount of money,
in cash or in the shape of purchase coupons, to enable them to
make p urchases. (GO, art. 97.)
305. Financial Allowance and Individual Accounts
All internees shall receive regular allowances, sufficient to
enable them to purchase goods and articles, such as tobacco,
119
toilet requisites, etc. Such allowances may take the form of
credits or purchase coupons.
Furthermore, internees may receive allowances from the Power
to which they owe allegiance, the Protecting Powers, the organi-
zations which may assist them, or their families, as well as the
income on their property in accordance with the law of the De-
taining Power. The amount of allowances granted by the Power
to which they owe allegiance shall be the same for each category
of internees (infirm, sick, pregnant women, etc), but may not be
allocated by that Power or distributed by the Detaining Power on
the basis of discriminations between internees which are pro-
hibited by Article 27 of the present Convention.
The Detaining Power shall open a regular account for every
internee, to which shall be credited the allowances named in the
present Article, the wages earned and the remittances received,
together with such sums taken from him as may be available
under the legislation in force in the territory in which he is
interned. Internees shall be granted all facilities consistent with
the legislation in force in such territory to make remittances to
their families and to other dependants. They may draw from
their accounts the amounts necessary for their personal expenses,
within the limits fixed by the Detaining Power. They shall at
all times be afforded reasonable facilities for consulting and
obtaining copies of their accounts. A statement of accounts shall
be furnished to the Protecting Power on request, and shall accom-
pany the internee in case of transfer. {GO, art. 98.)
306. Camp Administration
Every place of internment shall be put under the authority of
a responsible officer, chosen from the regular military forces or
the regular civil administration of the Detaining Power. The
officer in charge of the place of internment must have in his
possession a copy of the present Convention in the official lan-
guage, or one of the official languages, of his country and shall
be responsible for its application. The staff in control of internees
shall be instructed in the provisions of the present Convention
and of the administrative measures adopted to ensure its appli-
cation.
The text of the present Convention and the texts of special
agreements concluded under the said Convention shall be posted
inside the place of internment, in a language which the intern-
ees understand, or shall be in the possession of the Internee
Committee.
120
Regulations, orders, notices and publications of every kind
shall be communicated to the internees and posted inside the
places of internment, in a language which they understand.
Every order and command addressed to internees individually,
must likewise, be given in a language which they understand.
{GC,art.99.)
307. General Discipline
The disciplinary regime in places of internment shall be con-
sistent with humanitarian principles, and shall in no circum-
stances include regulations imposing on internees any physical
exertion dangerous to their health or involving physical or moral
victimization. Identification by tattooing or imprinting signs or
markings on the body, is prohibited.
In particular, prolonged standing and roll-calls, punishment
drill, military drill and manoeuvres, or the reduction of food
rations, are prohibited. {GC, art. 100.)
308. Complaints and Petitions
a. Treaty Provision.
Internees shall have the right to present to the authorities in
whose power they are, any petition with regard to the conditions
of internment to which they are subjected.
They shall also have the right to apply without restriction
through the Internee Committee or, if they consider it necessary,
direct to the representatives of the Protecting Power, in order
to indicate to them any points on which they may have complaints
to make with regard to the conditions of internment
Such petitions and complaints shall be transmitted forthwith
and without alteration, and even if the latter are recognized to be
unfounded, they may not occasion any punishment.
Periodic reports on the situation in places of internment and as
tQrthe needs of the internees, may be sent by the Internee Com-
mittees to the representatives of the Protecting Powers. (GC,
art. 101.)
b. Censorship. The Detaining Power has the right to examine and
censor the complaints, petitions, and reports referred to above in the
same manner as correspondence addressed to internees or despatched
by them. It may also examine such complaints and reports to the
representatives of the Protecting Power to verify that they are what
they purport to be and to delete matter not constituting either a com-
plaint or a report within the meaning of the foregoing provision.
309. Election of Internee Committees
In every place of internment, the internees shall freely elect by
secret ballot every six months, the members of a Committee em-
121
powered to represent them before the Detaining and the Protect-
ing Powers, the International Committee of the Red Cross and
any other organization which may assist them. The members of
the Committee shall be eligible for re-election.
Internees so elected shall enter upon their duties after their
election has been approved by the detaining authorities. The
reasons for any refusals or dismissals shall be communicated to
the Protecting Powers concerned, (&C, art. 102.)
310. Duties of Internee Committees
The Internee Committees shall further the physical, spiritual
and intellectual well-being of the internees.
In case the internees decide, in particular, to organize a system
of mutual assistance amongst themselves, this organization
would be within the competence of the Committees in addition
to the special duties entrusted to them under other provisions
of the present Convention, art. 103.)
311. Prerogatives of Internee Committees
Members of Internee Committees shall not be required to per-
form any other work, if the accomplishment of their duties is
rendered more difficult thereby.
Members of Internee Committees may appoint from amongst
the internees such assistants as they may require. All material
facilities shall be granted to them, particularly a certain free-
dom of movement necessary for the accomplishment of their
duties (visits to labour detachments, receipt of supplies, etc.).
All facilities shall likewise be accorded to members of Internee
Committees for communication by post and telegraph with the
detaining authorities, the Protecting Powers, the International
Committee of the Red Cross and their delegates, and with the
organizations which give assistance to internees. Committee
members in labour detachments shall enjoy similar facilities
for communication with their Internee Committee in the principal
place of internment. Such communications shall not be limited,
nor considered as forming a part of the quota mentioned in Article
107.
Members of Internee Committees who are transferred shall be
allowed a reasonable time to acquaint their successors with
current affairs. (<?<7, art. 104.)
312. Notification of Measures Taken
Immediately upon interning protected persons, the Detaining
Powers shall inform them, the Power to which they owe allegiance
and their Protecting Power of the measures taken for executing
the provisions of the present Chapter. The Detaining Powers
122
shall likewise inform the Parties concerned of any subsequent
modifications of such measures. (GC, art. 105.)
313. Internment Card
As soon as he is interned, or at the latest not more than one
week after his arrival in a place of internment, and likewise in
cases of sickness or transfer to another place of internment
or to a hospital, every internee shall be enabled to send direct
to his family, on the one hand, and to the Central Agency pro-
vided for by Article 140, on the other, an internment card similar,
if possible, to the model annexed to the present Convention, in-
forming his relatives of his detention, address and state of
health. The said cards shall be forwarded as rapidly as pos-
sible and may not be delayed in any way. {GC, art. 106.)
314. Correspondence
Internees shall be allowed to send and receive letters and cards.
If the Detaining Power deems it necessary to limit the number of
letters and cards sent by each internee, the said number shall
not be less than two letters and four cards monthly; these shall
be drawn up so as to conform as closely as possible to the models
annexed to the present Convention. If limitations must be placed
on the correspondence addressed to internees, they may be or-
dered only by the Power to which such internees owe allegiance,
possibly at the request of the Detaining Power. Such letters and
cards must be conveyed with reasonable despatch; they may not
be delayed or retained for disciplinary reasons.
Internees who have been a long time without news, or who find
it impossible to receive news from their relatives, or to give them
news by the ordinary postal route, as well as those who are at a
considerable distance from their homes, shall be allowed to send
telegrams, the charges being paid by them in the currency at
their disposal. They shall likewise benefit by this provision in
cases which are recognized to be urgent.
As a rule, internees' mail shall be written in their own language.
The Parties to the conflict may authorize correspondence in other
languages. {GC, art. 107.)
315. Relief Shipments
Internees shall be allowed to receive, by post or by any other
means, individual parcels or collective shipments containing in
particular foodstuffs, clothing, medical supplies, as well as books
and objects of a devotional, educational or recreational char-
acter which may meet their needs. Such shipments shall in no
way free the Detaining Power from the obligations imposed upon
it by virtue of the present Convention.
123
Should military necessity require the quantity of such ship-
ments to be limited, due notice thereof shall be given to the Pro-
tecting Power and to the International Committee of the Red
Cross, or to any other organization giving assistance to the inter-
nees and responsible for the forwarding of such shipments.
The conditions for the sending of individual parcels and col-
lective shipments shall, if necessary, be the subject of special
agreements between the Powers concerned, which may in no
case delay the receipt by the internees of relief supplies. Parcels
of clothing and foodstuffs may not include books. Medical relief
supplies shall, as a rule, be sent in collective parcels. (GO,
art. 108.)
316. Collective Relief
In the absence of special agreements between Parties to the
conflict regarding the conditions for the receipt and distribu-
tion of collective relief shipments, the regulations concerning
collective relief which are annexed to the present Convention
shall be applied.
The special agreements provided for above shall in no case
restrict the right of Internee Committees to take possession of
collective relief shipments intended for internees, to undertake
their distribution and to dispose of them in the interests of the
recipients.
Nor shall such agreements restrict the right of representatives
of the Protecting Powers, the International Committee of the
Red Cross, or any other organization giving assistance to in-
ternees and responsible for the forwarding of collective ship-
ments, to supervise their distribution to the recipients. (GO,
art. 109.)
317. Exemption From Postal and Transport Charges
a. Treaty Provision.
All relief shipments for internees shall be exempt from import,
customs and other dues.
All matter sent by mail, including relief parcels sent by parcel
post and remittances of money, addressed from other countries
to internees or despatched by them through the post office, either
direct or through the Information Bureaux provided for in
Article 136 and the Central Information Agency provided for in
Article 140, shall be exempt from all postal dues both in the
countries of origin and destination and in intermediate coun-
tries. To this end, in particular, the exemption provided by the
Universal Postal Convention of 1947 and by the agreements of
124
the Universal Postal Union in favour of civilians of enemy nation-
ality detained in camps or civilian prisons, shall be extended
to the other interned persons protected by the present Convention.
The countries not signatory to the above-mentioned agreements
shall be bound to grant freedom from charges in the same cir-
cumstances.
The cost of transporting relief shipments which are intended
for internees and which, by reason of their weight or any other
cause, cannot be sent through the post office, shall be borne by
the Detaining Power in all the territories under its control. Other
Powers which are Parties to the present Convention shall bear
the cost of transport in their respective territories.
Costs connected with the transport of such shipments, which
are not covered by the above paragraphs, shall be charged to the
senders.
The High Contracting Parties shall endeavour to reduce, so far
as possible, the charges for telegrams sent by internees, or
addressed to them. (OC, art. 220.)
b. Exemption Under Universal Postal Convention of 2952. See
paragraph .150&.
318. Special Means of Transport
Should military operations prevent the Powers concerned from
fulfilling their obligation to ensure the conveyance of the mail
and relief shipments provided for in Articles 106, 107, 108 and
113, the Protecting Powers concerned, the International Com-
mittee of the Red Cross or any other organization duly approved
by the Parties to the conflict may undertake the conveyance of
such shipments by suitable means (rail, motor vehicles, vessels
or aircraft, etc.). For this purpose, the High Contracting Parties
shall endeavour to supply them with such transport, and to
allow its circulation, especially by granting the necessary safe-
conducts.
Such transport may also be used to convey ;
(a) correspondence, lists and reports exchanged between the
Central Information Agency referred to in Article 140
and the National Bureaux referred to in Article 136;
(b) correspondence and reports relating to internees which
the Protecting Powers, the International Committee of
the Red Cross or any other organization assisting the
internees exchange either with their own delegates or
with the Parties to the conflict.
These provisions in no way detract from the right of any Party
to the conflict to arrange other means of transport if it should
684524 0-63^9
125
so prefer, nor precluding the granting of safe-conducts, under
mutually agreed conditions, to such means of transport.
The costs occasioned by the use of such means of transport
shall be borne, in proportion to the importance of the shipments,
by the Parties to the conflict whose nationals are benefited thereby.
{GG, art. 111.)
319. Censorship and Examination
a. Treaty Provision.
The censoring of correspondence addressed to internees or
despatched by them shall be done as quickly as possible.
The examination of consignments intended for internees shall
not be carried out under conditions that will expose the goods
in them to deterioration. It shall be done in the presence of the
addressee, or of a fellow-internee duly delegated by him. The de-
livery to internees of individual or collective consignments shall
not be delayed under the pretext of difficulties of censorship.
Any prohibition of correspondence ordered by the Parties to
the conflict either for military or political reasons, shall be only
temporary and its duration shall be as short as possible. {GG,
art. 112.)
b. Material Subject to Censorship. The Detaining Power may
examine and censor all communications sent to or by internees, in-
cluding correspondence and telegrams (GG, art. 107; par. 314 herein)
and relief shipments {GO, art, 108; par. 315 herein) with a view to
deleting matter prejudicial to its military security. See paragraph
3085 concerning the censorship of complaints, petitions, and reports
submitted pursuant to Article 101, GG.
320. Execution and Transmission of Legal Documents
The Detaining Powers shall provide all reasonable facilities
for the transmission through the Protecting Power or the Central
Agency provided for in Article 140, or as otherwise required, of
wills, powers of attorney, letters of authority, or any other docu-
ments intended for internees or despatched by them.
In all cases the Detaining Powers shall facilitate the execution
and authentication in due legal form of such documents on
behalf of internees, in particular by allowing them to consult
a lawyer. ( GG, art. 113. )
321. Management of Property
The Detaining Power shall afford internees all facilities to
enable them to manage their property, provided this is not incom-
patible with the conditions of internment and the law which is
applicable. For this purpose, the said Power may give them per-
mission to leave the place of internment in urgent cases and if
circumstances allow. {GG, art. 114.)
126
322. Facilities for Preparation and Conduct of Cases
In all cases where an internee is a party to proceedings in any
court, the Detaining Power shall, if he so requests, cause the court
to be informed of his detention and shall, within legal limits, en-
sure that all necessary steps are taken to prevent him from being
in any way prejudiced, by reason of his internment, as regards the
preparation and conduct of his case or as regards the execution
of any judgment of the court. (GO, art 115.)
323. Visits
Every internee shall be allowed to receive visitors, especially
near relatives, at regular intervals and as frequently as possible.
As far as is possible, internees shall be permitted to visit their
homes in urgent cases, particularly in cases of death or serious
illness of relatives. {GC, art. 116.)
324. Penal and Disciplinary Sanctions: General Provisions
Subject to the provisions of the present Chapter, the laws in
force in the territory in which they are detained will continue to
apply to internees who commit offences during internment.
If general laws, regulations or orders declare acts committed
by internees to be punishable, whereas the same acts are not
punishable when committed by persons who are not internees,
such acts shall entail disciplinary punishments only.
No internee may be punished more than once for the same act,
or on the same count. (GO, art. 117.)
325. Penalties
The courts or authorities shall in passing sentence take as far
as possible into account the fact that the defendant is not a na*
tional of the Detaining Power. They shall be free to reduce the
penalty prescribed for the offence with which the internee is
charged and shall not be obliged, to this end, to apply the minimum
sentence prescribed.
Imprisonment in premises without daylight and, in general,
all forms of cruelty without exception are forbidden.
Internees who have served disciplinary or judicial sentences
shall not be treated differently from other internees.
The duration of preventive detention undergone by an internee
shall be deducted from any disciplinary or judicial penalty in-
volving confinement to which he may be sentenced.
Internee Committees shall be informed of all judicial proceed-
ings instituted against internees whom they represent, and of
their result. (GC, art 118.)
127
326. Disciplinary Punishments
The disciplinary punishments applicable to internees shall be
the following:
(1) A fine which shall not exceed 50 per cent of the wages
which the internee would otherwise receive under the
provisions of Article 95 during a period of not more than
thirty days.
(2) Discontinuance of privileges granted over and above the
treatment provided for by the present Convention.
(3) Fatigue duties, not exceeding two hours daily, in connec-
tion with the maintenance of the place of internment.
(4) Confinement.
In no case shall disciplinary penalties be inhuman, brutal or
dangerous for the health of internees. Account shall be taken
of the internee's age, sex and state of health.
The duration of any single punishment shall in no case exceed
a maximum of thirty consecutive days, even if the internee is
answerable for several breaches of discipline when his case is
dealt with, whether such breaches are connected or not. (GO,
art. 119.)
327. Escapes
Internees who are recaptured after having escaped or when
attempting to escape, shall be liable only to disciplinary punish-
ment in respect of this act, even if it a repeated offence.
Article 118, paragraph 3, notwithstanding, internees punished
as a result of escape or attempt to escape, may be subjected to
special surveillance, on condition that such surveillance does not
affect the state of their health, that it is exercised in a place of
internment and that it does not entail the abolition of any of the
safeguards granted by the present Convention.
Internees who aid and abet an escape or attempt to escape,
shall be liable on this count to disciplinary punishment only.
{GO, art. 120.)
328. Connected Offenses
Escape, or attempt to escape, even if it is a repeated offence,
shall not be deemed an aggravating circumstance in cases where
an internee is prosecuted for offences committed during his
escape.
The Parties to the conflict shall ensure that the competent
authorities exercise leniency in deciding whether punishment
inflicted for an offence shall be of a disciplinary or judicial nature,
especially in respect of acts committed in connection with an
escape, whether successful or not. (GO, art. 121.)
128
329. Investigations and Confinement Awaiting Hearing
Acts which constitute offences against discipline shall be in-
vestigated immediately. This rule shall be applied, in particular,
in cases of escape or attempt to escape. Recaptured internees
shall be handed over to the competent authorities as soon as
possible.
In cases of offences against discipline, confinement awaiting
trial shall be reduced to an absolute minimum for all internees,
and shall not exceed fourteen days. Its duration shall in any
case be deducted from any sentence of confinement.
The provisions of Articles 124 and 125 shall apply to internees
who are in confinement awaiting trial for offences against disci-
pline. (GC,art. m.y
330. Procedure
Without prejudice to the competence of courts and higher au-
thorities, disciplinary punishment may be ordered only by the
commandant of the place of internment, or by a responsible officer
or official who replaces him, or to whom he has delegated his
disciplinary powers.
Before any disciplinary punishment is awarded, the accused
internee shall be given precise information regarding the offences
of which he is accused, and given an opportunity of explaining his
conduct and of defending himself. He shall be permitted, in
particular, to call witnesses and to have recourse, if necessary, to
the services of a qualified interpreter. The decision shall be an-
nounced in the presence of the accused and of a member of the
Internee Committee.
The period elapsing between the time of award of a disciplinary
punishment and its execution shall not exceed one month.
When an internee is awarded a further disciplinary punish-
ment, a period of at least three days shall elapse between the
execution of any two of the punishments, if the duration of one.
©f these is ten days or more.
A record of disciplinary punishments shall be maintained by
the commandant of the place of internment and shall be open to
inspection by representatives of the Protecting Power. {GO^
art. 123.)
331. Premises for Disciplinary Punishments
Internees shall not in any case be transferred to penitentiary
establishments (prisons, penitentiaries, convict prisons, etc.) to
undergo punishment therein.
The premises in which disciplinary punishments are undergone
shall conform to sanitary requirements; they shall in particular
be provided with adequate bedding. Internees undergoing pun-
129
ishment shall be enabled to keep themselves in a state of
cleanliness.
Women internees undergoing disciplinary punishment shall be
confined in separate quarters from male internees and shall be
under the immediate supervision of women. (GO, art. J 24.)
332. Essential Safeguards
Internees awarded disciplinary punishment shall be allowed to
exercise and to stay in the open air at least two hours daily.
They shall be allowed, if they so request, to be present at the
daily medical inspections. They shall receive the attention
which their state of health requires and, if necessary, shall be
removed to the infirmary of the place of internment or to a
hospital.
They shall have permission to read and write, likewise to send
and receive letters. Parcels and remittances of money, how-
ever, may be withheld from them until the completion of their
punishment; such consignments shall meanwhile be entrusted
to the Internee Committee, who will hand over to the infirmary
the perishable goods contained in the parcels.
No internee given a disciplinary punishment may be deprived
of the benefit of the provisions of Articles 107 and 143 of .the
Present Convention. (GO, art. 1%5.)
333. Provisions Applicable to Judicial Proceedings
The provisions of Articles 71 to 76 inclusive shall apply, by
analogy, to proceedings against internees who are in the national
territory of the Detaining Power. (GO, art 126.)
334. Transfers: Conditions
The transfer of internees shall always be effected humanely.
As a general rule, it shall be carried out by rail or other means
of transport, and under conditions at least equal to those obtain-
ing for the forces of the Detaining Power in their changes of
station. If, as an exceptional measure, such removals have to be
effected on foot, they may not take place unless the internees are
in a fit state of health, and may not in any case expose them to
excessive fatigue.
The Detaining Power shall supply internees during transfer
with drinking water and food sufficient in quantity, quality and
variety to maintain them in good health, and also with the neces-
sary clothing, adequate shelter and the necessary medical atten-
tion. The Detaining Power shall take all suitable precautions to
ensure their safety during transfer, and shall establish before
their departure a complete list of all internees transferred.
T30
Sick, wounded or infirm internees and maternity cases shall
not be transferred if the journey would be seriously detrimental
to them, unless their safety imperatively so demands.
If the combat zone draws close to a place of internment, the
internees in the said place shall not be transferred unless their
removal can be carried out in adequate conditions of safety, or
unless they are exposed to greater risks by remaining on the spot
than by being transferred.
When making decisions regarding the transfer of internees,
the Detaining Power shall take their interests into account and,
in particular, shall not do anything to increase the difficulties
of repatriating them or returning them to their own homes. {GO-,
art. 127.)
335. Transfer!: Method
In the event of transfer, internees shall be officially advised
of their departure and of their new postal address. Such notifi-
cation shall be given in time for them to pack their luggage and
inform their next of kin.
They shall be allowed to take with them their personal effects,
and the correspondence and parcels which have arrived for them.
The weight of such baggage may be limited if the conditions
of transfer so require, but in no case to less than twenty-five
kilograms per internee [55 pounds].
Mail and parcels addressed to their former place of internment
shall be forwarded to them without delay.
The commandant of the place of internment shall take, in
agreement with the Internee Committee, any measures needed
to ensure the transport of the internees' community property and
of the luggage the internees are unable to take with them in con-
sequence of restrictions imposed by virtue of the second paragraph.
(GC, art. 128.)
336. Wills and Death Certificates
The wills of internees shall be received for safe-keeping by the
responsible authorities; and in the event of the death of an in-
ternee his will shall be transmitted without delay to a person,
whom he has previously designated.
Deaths of internees shall be certified in every case by a doctor,
and a death certificate shall be made out, showing the causes of
death and the conditions under which it occurred.
An official record of the death, duly registered, shall be drawn
up in accordance with the procedure relating thereto in force in
the territory where the place of internment is situated, and a
duly certified copy of such record shall be transmitted without
131
delay to the Protecting Power as well as to the Central Agency
referred to in Article 140. (GO, art. 129.)
337. Burial and Cremation
The detaining authorities shall ensure that internees who die
while interned are honourably buried, if possible according to
the rites of the religion to which they belonged, and that their
graves are respected, properly maintained, and marked in such
a way that they can always be recognized.
Deceased internees shall be buried in individual graves unless
unavoidable circumsances require the use of collective graves.
Bodies may be cremated only for imperative reasons of hygiene
on account of the religion of the deceased or in accordance with
his expressed wish to this effect. In case of cremation, the fact
shall be stated and the reasons given in the' death certificate of
the deceased. The ashes shall be retained for safe-keeping- by
the detaining authorities and shall be transferred as soon as
possible to the next of kin on their request.
As soon as circumstances permit, and not later than the close
of hostilities, the Detaining Power shall forward lists of graves
of deceased internees to the Powers on whom the .deceased in-
ternees depended, through the Information Bureaux provided for
in Article 136. Such lists shall include all particulars necessary
for the identification of the deceased internees, as well as the
exact location of their graves. (GC t -.art. 130.)
338. Internees Killed or Injured In Special Circumstances
a. Txeaty Provision.
Every death or serious injury of an internee, caused or sus-
pected to have been caused by a sentry, another internee or any
other. person, as well as any death the cause of which is unknown,
shall be immediately followed by an official inquiry by the
Detaining Power.
A communication on this subject shall be sent immediately to
the Protecting Power. The. evidence of any witnesses shall be
taken, and a report including such evidence shall be prepared and
forwarded to the said Protecting Power.
If the enquiry indicates the guilt of one or more persons, the
Detaining Power shall take all necessary steps to ensure the
prosecution of the person or persons responsible. (GO, art. 131.)
b. Criminal Prosecution. If a criminal prosecution is undertaken
on the facts revealed on preliminary investigation, there need not be
any other official inquiry.
132
339. Release, Repatriation, and Accommodation in Neutral Countries
During Hostilities or Occupation
Each interned person shall be released by the Detaining Power
as soon as the reasons which necessitated his internment no longer
exist.
The Parties to the conflict shall, moreover, endeavour during
the course of hostilities, to conclude agreements for the release,
the repatriation, the return to places of residence or the accom-
modation in a neutral country of certain classes of internees,
in particular children, pregnant women and mothers with infants
and young children, wounded and sick, and internees who have
been detained for a long time. (GO, art. 132.)
340. Release, Repatriation, and Accommodation in Neutral Countries
After the Close of Hostilities
Internment shall cease as soon as possible after the close of
hostilities.
Internees in the territory of a Party to the conflict against
whom penal proceedings are pending for offences not exclusively
subject to disciplinary penalties, may be detained until the close
of such proceedings and, if circumstances require, until the com-
pletion of the penalty. . The same shall apply to internees who
have been previously sentenced to a punishment depriving them
of liberty.
By agreement between the Detaining Power and the Powers
concerned, committees may be set up after the close of hostilities,
or of the occupation of territories, to search for dispersed
internees. {GO, art. 133.)
341 . Repatriation and Return to Last Place of Residence
The High Contracting Parties shall endeavour, upon the close
of hostilities or occupation, to ensure the return of all internees
to their last place of residence, or to facilitate their repatriation.
(GC,art.m.)
342. Costs
The Detaining Power shall bear the expense of returning re-
leased internees to the places where they were residing when
interned, or, if it took them into custody while they were in transit
or on the high seas, the cost of completing their journey or of
their return to their point of departure.
Where a Detaining Power refuses permission to reside in its
territory to a released internee who previously had his permanent
domicile therein, such Detaining Power shall pay the cost of the
said internee's repatriation. If, however, the internee elects to re-
turn to his country on his own responsibility or in obedience to the
133
Government of the Power to which he owes allegience, the Detain-
ing Power need not pay the expenses of his journey beyond the
point of his departure from its territory. The Detaining Power
need not pay the costs of repatriation of an internee who was in-
terned at his own request.
' If internees are transferred in accordance with Article 45, the
transferring and receiving Powers shall agree on the portion of
the above costs, to be borne by each.
The foregoing shall not prejudice such special agreements as
may be concluded between Parties to the conflict concerning the
exchange and repatriation of their nationals in enemy hands.
(GO, art. 135.)
Section VI. INFORMATION BUREAUS, CENTRAL AGENCY, AND RELIEF
SOCIETIES
343, National Bureaus
Upon the outbreak of a conflict and in all cases of occupation,
each of the Parties to the conflict shall establish an official Infor-
mation Bureau responsible for receiving and transmitting infor-
mation in respect of the protected persons who are in its power.
Each of the parties to the conflict shall, within the shortest
possible period, give its Bureau information of any measure taken
by it concerning any protected persons who are kept in custody
for more than two weeks, who are subjected to assigned residence
or who are interned. It shall, furthermore, require its various
departments concerned with such matters to provide the afore-
said Bureau promptly with information concerning all changes
pertaining to these protected persons, as, for example, transfers,
releases, repatriations, escapes, admittances to hospitals, births,
and deaths. (GO, art. 136.)
344. Transmission of Information
Each national Bureau shall immediately forward information
concerning protected persons by the most rapid means to the
Powers of whom the aforesaid persons are nationals, or to Powers
in whose territory they resided, through the intermediary of the
Protecting Powers and likewise through the Central Agency pro-
vided for in Article 140. The Bureaux shall also reply to all
enquiries which may be received regarding protected persons.
Information Bureaux shall transmit information concerning
a protected person unless its transmission might be detrimental
to the person concerned or to his or her relatives. Even in such
a case, the information may not be withheld from the Central
Agency which, upon being notified of the circumstances, will take
the necessary precautions indicated in Article 140.
134
All communications in writing made by any Bureau shall be
authenticated by a signature or a seal. (GO t art. 137.)
345. Particulars Required
The information received by the national Bureau and trans-
mitted by it shall be of such a character as to make it possible to
identify the protected person exactly and to advise his next of
kin quickly. The information in respect of each person shall in-
clude at least his surname, first names, place and date of birth,
nationality, last residence and distinguishing characteristics, the
first name of the father and the maiden name of the mother, the
date, place and nature of the action taken with regard to the
individual, the address at which correspondence may be sent to
him and the name and address of the person to be informed.
Likewise, information regarding the state of health of internees
who are seriously ill or seriously wounded shall be supplied
regularly and if possible every week. (GG, art. 138.)
346. Forwarding of Personal Valuables
Each national Information Bureau shall, furthermore be re-
sponsible for collecting all personal valuables left by protected
persons mentioned in Article 136, in particular those who have
been repatriated or released, or who have escaped or died ; it shall
forward the said valuables to those concerned, either direct, or, if
necessary, through the Central Agency. Such articles shall be
sent by the Bureau in sealed packets which shall be accompanied
by statements giving clear and full identity particulars of the
person to whom the articles belonged, and by a complete list of
the contents of the parcel. Detailed records shall be maintained
of the receipt and despatch of all such valuables. (GC, art. 139.)
347. Central Agency
A Central Information Agency for protected persons, in par-
ticular for internees, shall be created in a neutral country. The
International Committee of the Red Cross shall, if it deems neces-
sary, propose to the Powers concerned the organization of such
an Agency, which may be the same as that provided for in
Article 123 of the Geneva Convention relative to the Treatment
of Prisoners of War of August 12, 1949.
The function of the Agency shall be to collect all information
of the type set forth in Article 136 which it may obtain through
official or private channels and to transmit it as rapidly as pos-
sible to the countries of origin or of residence of the persons con-
cerned, except in cases where such transmissions might be detri-
mental to the persons whom the said information concerns, or to
135
their relatives. It shall receive from the Parties to the conflict
all reasonable facilities for effecting such transmissions.
The High Contracting Parties, and in particular those whose
nationals benefit by the services of the Central Agency, are
requested to give the said Agency the financial aid it may require.
The foregoing provisions shall in no way be interpreted as
restricting the humanitarian activities of the International Com-
mittee of the Red Cross and of the relief societies described in
Article 142. (GO, art. 140.)
346. Exemption From Charges
The national Information Bureau and the Central Informa-
tion Agency shall enjoy free postage for all mail, likewise the
exemptions provided for in Article 110, and further, so far as pos-
sible, exemption from telegraphic charges or, at least, greatly
reduced rates. (GC,art lil.)
349. Relief Societies and Other Organizations
Subject to the measures which the Detaining Powers may con-
sider essential to ensure their security or to meet any other
reasonable need, the representatives of religious organizations,
relief societies, or any other organizations assisting the protected
persons, shall receive from these Powers, for themselves or their
duly accredited agents, all facilities for visiting the protected per-
sons, for distributing relief supplies and material from any
source, intended for educational, recreational or religious par-
poses, or for assisting them in organizing their leisure time within
the places of internment. Such societies or organizations may be
constituted in .the territory of the Detaining Power, or in any
other . country, or they may have an international character.
The Detaining Power may limit the number of societies and
organizations whose delegates are allowed to carry out their ac-
tivities in its territory and under its supervision, on condition,
however, that such limitation shall not hinder the supply of
effective and adequate relief to all protected persons.
The special position of the International Committee of the Red
Cross in this field shall be recognized and respected at all times.
(GO, art.m.)
350. Supervision
Representatives or delegates of the Protecting Powers shall
have permission to go to all places where protected persons are,
particularly to places of internment, detention and work.
They shall have access to all premises occupied by protected
persons and shall be able to interview the latter without witnesses,
personally or through an interpreter.
136
Such visits may not be prohibited except for reasons of impera-
tive military necessity, and then only as an exceptional and
temporary measure. Their duration and frequency shall not be
restricted.
Such representatives and delegates shall have full liberty to
select the places they wish to visit. The Detaining or Occupying
Power, the Protecting Power and, when occasion arises, the Power
of origin of the persons to be visited, may agree that compatriots
of the internees shall be permitted to participate in the visits.
The delegates of the International Committee of the Red Cross
shall also enjoy the above prerogatives. The appointment of
such delegates shall be submitted to the approval of the Power
governing the territories where they will carry out their duties.
(GO, art. 143.)
137
CHAPTER 6
OCCUPATION
Section I. GENERAL
351. Military Occupation
Territory is considered occupied when it is actually placed
under the authority of the hostile army.
The occupation extends only to the territory where such au-
thority has been established and can be exercised. (HR, art. 48.)
352. Invasion Distinguished
a. Nature of Invasion. If resistance is offered, the state of inva-
sion within any portion of a belligerent's territory corresponds with
the period of resistance. If the invasion is unresisted, the state
of invasion lasts only until the invader has taken firm control of the
area with the intention of holding it. Invasion is not necessarily
occupation, although occupation is normally preceded by invasion and
may frequently coincide with it. An invader may attack with naval
or air forces or its troops may push rapidly through a large portion
of enemy territory without establishing that effective control which
is essential to the status of occupation. Small raiding parties or fly-
ing columns, reconnaissance detachments or patrols moving through
an area cannot be said to occupy it. Occupation, on the other hand,
is invasion plus taking firm possession of enemy territory for the
purpose of holding it.
b. Application of Laiv of Occupation. The rules set forth in this
chapter apply of their own force only to belligerently occupied areas,
but they should, as a matter of policy, be observed as far as possible
in areas through which troops are passing and even on the battlefield.
353. Subjugation or Conquest Distinguished
Belligerent occupation in a foreign war, being based upon the pos-
session of enemy territory, necessarily implies that the sovereignty
of the occupied territory is not vested in the occupying power. Occu-
pation is essentially provisional.
On the other hand, subjugation or conquest implies a transfer of
sovereignty, which generally takes the form of annexation and is
normally effected by a treaty of peace. When sovereignty passes,
belligerent occupation, as such, of course ceases, although the terri-
tory may and usually does, for a period at least, continue to be gov-
erned through military agencies.
138
354. Friendly Territory Subject to Civil Affairs Administration Distin-
guished
Civil affairs administration is that form of administration estab-
lished in friendly territory whereby a foreign government pursuant
to an agreement, expressed or implied, with the government of the area
concerned, may exercise certain authority normally the function of
the local government.
Such administration is often established in areas which are freed
from enemy occupation. It is normally required when the govern-
ment of the area concerned is unable or unwilling to assume full
responsibility for its administration. Territory subject to civil affairs
administration is not considered to be occupied.
If circumstances have precluded the conclusion of a civil affairs
agreement with the lawful government of allied territory recovered
from enemy occupation or of other territory liberated from the enemy,
military government may be established in the area as a provisional
and interim measure (see par. 12b and c). A civil affairs agreement
should, however, be concluded with the lawful government at the
earliest possible opportunity.
355. Occupation as Question of Fact
Military occupation is a question of fact. It presupposes a hostile
invasion, resisted or unresisted, as a result of which the invader has
rendered the invaded government incapable of publicly exercising its
authority, and that the invader has successfully substituted its own
authority for that of the legitimate government in the territory
invaded.
356. Effectiveness of Occupation
It follows from the definition that belligerent occupation must be
both actual and effective, that is, the organized resistance must have
been overcome and the force in possession must have taken measures
to establish its authority. It is sufficient that the occupying force
can, within a reasonable time, send detachments of troops to make its
authority felt within the occupied district. It is immaterial whether
the authority of the occupant is maintained by fixed garrisons or fly-
ing columns, whether by small or large forces, so long as the occupa-
tion is effective. The number of troops necessary to maintain effective,
occupation will depend on various considerations such as the dis-
position of the inhabitants, the number and density of the population,
the nature of the terrain, and similar factors. The mere existence of
a fort or defended area within the occupied district, provided the
fort or defended area is under attack, does not render the occupation
of the remainder of the district ineffective. Similarly, the mere
existence of local resistance groups does not render the occupation
ineffective.
139
357. Proclamation of Occupation
In a strict legal sense no proclamation of military occupation is
necessary. However, on account of the special relations established
between the inhabitants of the occupied territory and the occupant by
virtue of the presence of the occupying forces, the fact of military
occupation, with the extent of territory affected, should be made
known. The practice of the United States is to make this fact known
by proclamation.
358. Occupation Does Not Transfer Sovereignty
Being an incident of war, military occupation confers upon the
invading force the means of exercising control for the period of occu-
pation. It does not transfer the sovereignty to the occupant, but
simply the authority or power to exercise some of the rights of sover-
eignty. The exercise of these rights results from the established power
of the occupant and from the necessity of maintaining law and order,
indispensable both to the inhabitants and to the occupying force.
It is therefore unlawful for a belligerent occupant to annex occupied
territory or to create a new State therein while hostilities are still in
progress. (See GC, art. 47; par. 365 herein.)
359. Oath of Allegiance Forbidden
It is forbidden to compel the inhabitants of occupied territory
to swear allegiance to the hostile Power. (HR, art. JS.)
360. Maintenance of Occupation
Occupation, to be effective, must be maintained. In case the occu-
pant evacuates the district or is driven out by the enemy, the occupa-
tion ceases. It does not cease, however, if the occupant, after estab-;
lishing its authority, moves forward against the enemy, leaving a
smaller force to administer the affairs of the district. Nor does the
existence of a rebellion or the activity of guerrilla or para-military
units of itself cause the occupation to cease, provided the occupant
could at any time it desired assume physical control of any part of
the territory. If, however, the power of. the occupant is effectively
displaced for any length of time, its position towards the inhabitants
is the same as before occupation.
361. Termination of Occupation
The law of belligerent, occupation generally ceases to be applicable
uiider the conditions set forth in paragraphs 353 and 360. However,
with respect to the provisions of GC alone, Article 6 of that Con-
vention provides :
In the case of occupied territory, the application of the present
Convention shall cease one year after the general close of
military operations; however, the Occupying Power shall be
140
bound, for the duration of the occupation, to the extent that such
Power exercises the functions of government in such territory,
by the provisions of the following Articles of the present Conven-
tion; 1 to 12, 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77, 143.
Protected . persons whose release, repatriation or re-establish-
ment may take place after such dates shall meanwhile continue to
benefit by the present Convention. {GO, art. 6, 3d and 4th pars.)
Section II. ADMINISTRATION OF OCCUPIED TERRITORY
362. Necessity for Military Government
Military government is the form of administration by which an
occupying power exercises governmental authority over occupied
territory. The necessity for such government arises from the failure
or inability of the legitimate government to exercise its functions on
account of the military occupation, or the un desirability of allowing it
to do so., (See par. 12, which discusses military government, and
par. 354, dealing with civil affairs administration.)
363. Duty to Restore and Maintain Public Order
The authority of the legitimate power having in fact passed
into the hands of the occupant, the latter shall take all the meas-
ures in his power to restore, and ensure, as far as possible, public
order and safety, while. respecting, unless absolutely prevented,
the laws in force in the country. {IIR, art. .
364. Occupation Costs
The economy of an occupied country can only be required to bear
the expenses of the occupation, and these should riot be greater than
the economy of the country can reasonably be expected to bear.
365. Inviolability of Rights
Protected persons who are in occupied territory shall not be
deprived, in any case or in any manner whatsoever, of the bene-
fits of the present Convention by any change introduced, as the
result of the occupation of a territory, into the institutions or
government of the said territory, nor by any agreement concluded
between the authorities of the occupied territories and the Oc-
cupying Power, nor by any annexation by the latter of the whole
or part of the occupied territory. (GC, art. jft.)
366. Local Governments Under Duress and Puppet Governments
The restrictions placed upon the authority of a belligerent gov-
ernment cannot be avoided by a system of using a puppet govern-
ment, central or local, to carry out acts which would be unlawful if
performed directly by the occupant. Acts induced or compelled by
the occupant are nonetheless its acts.
684524 0-63 — 10
141
367. Functions of Government
a. Paramotmt Authority of Occupant. The functions of the hostile
government — whether of a general, provincial, or local character —
continue only to the extent they are sanctioned by the occupant.
b. Functions of Local Government. The occupant may, while
retaining its paramount authority, permit the government of the
country to perform some or all of its normal functions. It may, for
example, call upon the local authorities to administer designated rear
areas, subject to the guidance and direction of the occupying power.
Such action is consistent with the status of occupation, so long as
there exists the firm possession and the purpose to maintain para-
mount authority.
368. Nature of Government
It is immaterial whether the government over an enemy's territory
consists in a military or civil or mixed administration. Its character
is the same and the source of its authority the same. It is a govern-
ment imposed by force, and the legality of its acts is determined
by the law of war.
369. Local Law and New Legislation
The penal laws of the occupied territory shall remain in force,
with the exception that they may be repealed or suspended by
the Occupying Power in cases where they constitute a threat to
its security or an obstacle to the application of the present Con-
vention. Subject to the latter consideration and to the necessity
for ensuring the effective administration of justice, the tribunals
of the occupied territory shall continue to function in respect
of all offences covered by the said laws.
The Occupying Power may, however, subject the population of
the occupied territory to provisions which are essential to enable
the Occupying Power to fulfil its obligation under the present
Convention, to maintain the orderly government of the territory,
and to ensure the security of the Occupying Power, of the mem-
bers and property of the occupying forces or administration, and
likewise of the establishments and lines of communication used
by them. (GC, art.
370. Laws tn Force
In restoring public order and safety, the occupant will continue
in force the ordinary civil and penal (criminal) laws of the occupied
territory except to the extent- it may be authorized by Article 64,
GO (par 369), and Article 43, HR (par. 363), to alter, suspend, or
repeal such laws (see also HR art. %8 (h) ; par. 372 herein; and GO,
art. 51; par. 418 herein) . These laws will be administered by the local
officials as far as practicable. Crimes not of a military nature and not
142
affecting the occupant's security are normally left to the jurisdiction
of the local courts.
371. Nature of Laws Suspended or Repealed
The occupant may alter, repeal, or suspend laws of the following
types:
a. Legislation constituting a threat to its security, such as laws
relating to recruitment and the bearing of arms.
b. Legislation dealing with political process, such as laws regarding
the rights of suffage and of assembly.
c. Legislation the enforcement of which would be inconsistent with
the duties of the occupant, such as laws establishing racial dis-
crimination.
372. Prohibition as to Rights and Rights of Action
It is especially forbidden * * * to declare abolished, suspended,
or inadmissible in a court of law the rights and actions of the
nationals of the hostile party. (HR, art. 23, par. (h).)
373. Suspension of Ordinary Courts
The ordinary courts of justice should be suspended only if:
a. Judges and magistrates abstain from fulfilling their functions
(see GC, art. 54; par. 422 herein) ; or
b. The courts are corrupt or unfairly constituted ; or
c. Local judicial administration has collapsed during the hostilities
preceding the occupation and the occupant must set up its own courts
to ensure that offenses against the local laws are properly tried.
In such cases, the occupant may establish courts of its own and
make this measure known to the inhabitants.
374. Immunity of Occupation Personnel From Local Law
. Military and civilian personnel of the occupying forces and occu-
pation administration and persons accompanying them are not subject
to the local law or to the jurisdiction of the local courts of the occupied
territory unless expressly made subject thereto by a competent office! -
of the occupying forces or occupation administration. The occupant
should see to it that an appropriate system of snbstautive law applies
to such persons and that tribunals are in existence to deal with civil
litigation to which they are parties and with offenses committed by
them.
375. Freedom of Movement
The occupant may withdraw from individuals the right to change
their residence, restrict freedom of internal movement, forbid visits
to certain districts, prohibit emigation and immigration (but see
GC, art. 48; par. 381 herein), and require that all individuals carry
identification documents.
143
376. Commercial Restrictions
The occupant has the right to regulate commercial intercourse in
the occupied territory. It may subject such intercourse to such pro-
hibitions and restrictions as are essential to the purposes of the
occupation. The commander of the occupying, forces will usually
find it advisable to forbid intercourse between the occupied territory
and the territory still in the possession of the enemy.
377. Censorship
The belligerent occupant may establish' censorship of the press,
radio, theater, motion pictures, and television, of correspondence,
and of all other means of communication. It may prohibit entirely
the publication of newspapers or prescribe regulations for their pub-
lication and circulation. The occupant is not required to furnish
facilities for postal service, but may take charge of them itself, es-
pecially if the officials of the occupied district fail to act or to obey its
orders.
378. Means of Transportation
The belligerent occupant exercises authority over all means of
transportation, both public and private, within the occupied district,
and may seize them and regulate their operation.
Section III. RIGHTS OF THE POPULATION OF OCCUPIED TERRITORY
379. Other Provisions of Law
Articles 27-34, GO (pars. 266-273), apply to occupied territory and
should be read together with the provisions of this section.
380. Respect for Human Rights
Family honour and rights,- the lives of persons, and private
property, as well as religious convictions and practice, must be
respected. (BB, art. 1st par.)
381. Special Cases of Repatriation
Protected persons who are not nationals of the Power whose
territory is occupied, may avail themselves of the right to leave
the territory subject to the provisions of Article 35, and decisions
thereon shall be taken according to the procedure which the Oc-
cupying Power shall establish in accordance with the said Article.
(GC, art. 48.)
382. Deportations, Transfers, Evacuations
Individual or mass forcible transfers, as well as deportations
of protected persons from occupied territory to the territory of
the Occupying Power or to that of any other country, occupied or
not, are prohibited, regardless of their motive.
144
Nevertheless, the Occupying Power may undertake total or
partial evacuation of a given area if the security of the population
or imperative military reasons so demand. Such evacuations
may not involve the displacement of protected persons outside
the bounds of the occupied territory except when for material
reasons it is impossible to avoid such displacement. Persons thus
evacuated shall be transferred back to their homes as soon as
hostilities in the area in question have ceased.
The Occupying Power undertaking such transfers or evacua-
tions shall ensure, to the greatest practicable extent, that proper
accommodation is provided to receive the protected persons, that
the removals are effected in satisfactory conditions of hygiene f
health, safety and nutrition, and that members of the same family
are not separated.
The Protecting Power shall be informed of any transfers and
evacuations as soon as they have taken place.
The Occupying Power shall not detain protected persons in an
area particularly exposed to the dangers of war unless -the se-
curity of the population or imperative military reasons so demand.
The Occupying Power shall not deport or transfer, parts of its.
own civilian population into the ., territory, it. occupies. (CfC,
art. 49.)
383. Children
The Occupying Power shall,* with the cooperation of the national
and local authorities, facilitate the proper working of all institu-
tions devoted to the care and education of children.
The Occupying Power shall take all necessary steps to facilitate
the identification of children and the registration of their parent-
age. It may not, in any case, change their personal status, nor
enlist them in formations or organizations subordinate to it.
Should the local institutions be inadequate for the purpose, the
Occupying Power shall make arrangements for the maintenance
and education, if possible by persons of their own nationality, lan*
guage and religion, of children who are orphaned or separated
from their parents as a result of the war and who cannot be ade-
quately cared for by a near relative or friend.
A special section of the Bureau set up in accordance with Article
136 shall be responsible for taking all necessary steps to identify
children whose identity is in doubt. Particulars of their parents
or other near relatives should always be recorded if available.
The Occupying Power shall not hinder the application of any
preferential measures in regard to food, medical care and protec-
tion against the effects of war, which may have been adopted prior
to the occupation in favour of children under fifteen years, ex-
145
pectant mothers, and mothers of children under seven years.
{GO, art. 50.)
384. Food and Medico! Supplies for the Population
a. Treaty Provision,
To the fullest extent of the means available to it, the Occupy-
ing Power has the duty of ensuring the food and medical supplies
of the population ; it should, in particular, bring in the necessary
foodstuffs, medical stores and other articles if the resources of
the occupied territory are inadequate.
* ' * * *_ * * *
The Protecting Power shall, at any time,, be at liberty to verify
the state of the food and medical supplies in occupied territories,
except where temporary restrictions are made necessary by im-
perative military requirements. (GO, art. 55, 1st and 3d pars.)
ft. Other Articles To Be Supplied. The other articles which the
occupant is required to provide under the above provision include all
urgently required goods which may be essential to the life of the
territory.
385. Hygiene and Public Health
To the fullest extent of the means available to it, the Occupying
Power has the duty of ensuring and maintaining, with the co-
operation of national and local authorities, the medical and hos-
pital, establishments and services, public health and hygiene in
the occupied .territory, with particular reference to the adoption
and application of the prophylactic and preventive measures
necessary to combat the spread of contagious diseases and epi-
demics. Medical personnel of all categories shall be allowed to
carry out their duties.
If new hospitals are set up in occupied territory and if the com-
petent organs of the occupied State are not operating there, the
occupying authorities shall, if necessary, grant them the recog-
nition provided for in Article 18. In similar circumstances, the
occupying auhorities shall also grant recognition to hospital
personnel and transport vehicles under the provisions of Articles
20 and 21.
. In adopting measures of health and hygiene and in their imple-
mentation, the Occupying Power shall take into consideration the
moral and ethical susceptibilities of the population of the occu-
pied territory. ( GO, art. 56.)
386. Requisition of Hospitals
The Occupying Power may requisition civilian hospitals only
temporarily and only in cases of urgent necessity for the care of
military wounded and sick, and then on condition that suitable
146
arrangements are made in due time for the care and treatment of
the patients and for the needs of the civilian population for hos-
pital accommodation.
The material and stores of civilian hospitals cannot be requis-
tioned so long as they are necessary for the needs of the civilian
population. (GO, art. 57.)
387. Spiritual Assistance
The Occupying. Power shall permit ministers of religion to
give spiritual assistance to the members of their religious
communities.
The Occupying Power shall also accept consignments of books
and articles required for religious needs and shall facilitate their
distribution in occupied territory. (GO, art. 58.)
Section IV. RELIEF
388. Collective Relief
If the whole or part of the population of an occupied territory
is inadequately supplied, the Occupying Power shall agree to re-
lief schemes on behalf of the said population, and shall facilitate
them by all the means at its disposal.
Such schemes, which may be undertaken either by States or by
impartial humanitarian organizations such as the International
Committee of the Red Cross, shall consist, in particular, of the
provision of consignments of foodstuffs, medical supplies and
clothing.
All Contracting Parties shall permit the free passage of these
consignments and shall guarantee their protection.
A Power granting free passage to consignments on their way
to territory occupied by an adverse Party to the conflict shall,
however, have the right to search the consignments, to regulate
their passage according to prescribed times and routes, and to be
reasonably satisfied through the Protecting Power that these con-
signments are to be used for the relief of the needy population
and are not to be used for the benefit of the Occupying Power.
{GO, art. 59.)
389. Responsibilities of the Occupying Power
Relief consignments shall in no way relieve the Occupying
Power of any of . its responsibilities under Articles 55, 56 and 59.
The Occupying Power shall in no way whatsoever divert relief
consignments from the purpose for which they are intended, ex-
cept in cases of urgent necessity, in the interests of the population
of the occupied territory and with the consent of the Protecting
Power. (GO, art. 60.)
147
390. Distribution
The distribution of the relief consignments referred to in the
foregoing Articles shall be carried out with the cooperation and
under the supervision of the Protecting Power. This duty may
also be delegated, by agreement between the Occupying Power
and the Protecting Power, to a neutral Power, to the Interna-
tional Committee of the Red Cross or to any other impartial
humanitarian body.
Such. consignments shall be exempt in occupied territory from
all charges, taxes or customs duties unless these are necessary in
the interests of the economy of the territory. The Occupying
Power shall facilitate the rapid distribution of these consign-
ments.
All Contracting Parties shall endeavour to permit the transit
and transport, free of charge, of such relief consignments on their
way to occupied territories. (GO, art. 61.)
391. Individual Relief
Subject to imperative reasons «f security, protected persons in
occupied territories shall be permitted to receive the individual
relief consignments sent to them. art. 62.)
392. Notional Red Cross and Other Relief Societies
Subject to temporary and exceptional measures imposed for
urgent reasons of security by the Occupying Power: .
(a) recognized National Red Cross (Red Crescent, Red Lion
and Sun) Societies shall be able to pursue their activities
in accordance with Red Cross principles, as denned by
the. International Red Cross Conferences. Other relief
societies shall be permitted to continue their humani-
tarian activities under similar conditions;
(6) the Occupying Power may not require any changes in
the personnel or structure of these societies, which would
prejudice the aforesaid activities.
The same principles shall apply to the activities and personnel
of special organizations of a non-military character, which al-
ready exist or which may be established, for the purpose of en-
suring the living conditions of the civilian population by the
maintenance of the essential public utility services, by the dis-
tribution of relief and by the organization of rescues. (GO;
art. 63.)
Section V. TREATMENT OF ENEMY PROPERTY
393., Destruction and Seizure of Property •
a. Prohibition.
It is especially forbidden * * * to destroy or seize the enemy's
148
property, unless such destruction or seizure be imperatively
demanded by the necessities of war. (H 8, art. 23, par. (g).)
b. Occupying Power.
Any destruction by the Occupying Power of real or personal
property belonging individually or collectively to private persons,
or to the State, or to other public authorities, or to social or co-
operative organizations, is prohibited, except where such de-
struction is rendered absolutely necessary by military operations.
{GO, art. '53.)
c. General Devastation. See paragraph 56,
394. Determination Whether Property Is Public or Private
a. Beneficial Ownership. Under modern conditions^ the distinct
tion between public and private property is not always easy to draw.
For the purpose of treatment of property under belligerent occupa-
tion, it is often necessary to look beyond strict legal title and to as-
certain the character of the property on the basis of the beneficial
ownership thereof. Thus, for example, trust fun&fe; pension funds,
and bank deposits generated by private persons sire not to be regarded
as public property simply by reason of their being held by a State-
Owned bank.
b. Property of Mixed Oi&nership. For the purpose of determining
what type of control the occupant may exercise over property (by way
of confiscation, seizure, requisition^ etc.), the most cogent .evidence of
public character is such a complete or partial assumption by the State
oi the economic risk involved in the holding and management of the
property in question that the State, rather than private individuals
or corporation, would be subjected to a substantial portion of the loss
were the property to be appropriated for the use of- the occupant:
Should property which is ostensibly private be subjected to a large
measure of governmental control and. management or perform, func-
tions which are essentially public, these facts would tend to indicate
tliat the property should be regarded in practice as public.
If property which is appropriated by the occupant is beneficially
owned in part by the State and in part by private interests, the occu-
pation authorities should compensate the private owners to the extent
of their interest. Such compensation should bear the same relation^
ship to the full compensation which would be paid if the property
were entirely privately owned as their interest bears to the total value
of the property concerned. The occupant may take what measures it
deems necessary to assure that no portion of the compensation paid
on account of private interests accrues to the State.
c. Property of Unknown Ownership. If it is unknown whether
certain property, is public or private, it should be treated as public
property until its ownership is ascertained.
149
395. Seized Property
Valid capture or seizure of property requires both an intent to take
such action and a physical act of capture or seizure. The mere
presence within occupied territory of property which is subject to
appropriation under international law does not operate to vest title
thereto in the occupant.
396. Title to Captured or Seized Enemy Property
Public property captured or seized from the enemy, as well as
private property validly captured on the battlefield and abandoned
property, is property of the United States (see U. S. Const., Art. I,
sec. 8, cl. 11), and failure to turn over such property to the proper
authorities or disposal thereof for personal profit is a violation of
Article 103 of the Uniform Code of Military Justice.
397. Pillage
a. Treaty Provision.
Pillage is formally forbidden. (BR, art.. 47.) (See also BR,
art. 28; par. 47 herein; GO, art. 33; par. 272 herein.)
b. Violation of military law. A member of the armed forces who
before or in the presence of the enemy quits his place of duty to
plunder or pillage is guilty of the offense of misbehavior before the
enemy. {UCMJ, Art. 99 (6).)
396. Private Gain by Officers and Soldier*
Neither officers nor soldiers of the United States are allowed to
make use of their position or power in the hostile country for private
gain, not even for commercial transactions otherwise legitimate.
399. Property Control
Property within occupied territory may be controlled by the occu-
pant to the degree necessary to prevent its use by or for the benefit
of the hostile forces or in a manner harmful to the occupant. < Con-
servators may be appointed to manage the property of absent persons
(including nationals of the United States and of friendly States) and
of internees, property managed by such persons, and property of
persons whose activities are deemed to be prejudicial to the occupant.
However, when the owners or managers of such property are again
able to resume control of their property and the risk of its hostile use
no longer exists, it must be returned to them.
Measures of property control must not extend to confiscation. How-
ever, the authority of the occupant to impose such controls does not
limit its power to seize or requisition property or take such other
action with respect to it as may be authorized by other provisions of
law.
150
400. Real Property of a State
The occupying State shall be regarded only as administrator
and usufructuary of public buildings, real estate, forests, and
agricultural estates belonging to the hostile State, and situated in
the occupied country. It must safeguard the capital of these
properties, and administer them in accordance with the rules of
usufruct. {BR, art. 55.)
401 . State Real Property Susceptible of Direct Military Use
Real property of a State which is of direct military use, such as
forts, arsenals, dockyards, magazines, barracks, railways, bridges,
piers, wharves, airfields, and other military facilities, remains in the
hands of the occupant until the close of the war, and may be destroyed
or damaged, if deemed necessary to military operations.
402. Occupant's Disposition of Real Property of a State
Real property of the enemy State which is essentially of a non-
military nature, such as public buildings and offices, land, forests,
parks, farms, and mines, may not be damaged or destroyed unless such
destruction is rendered absolutely necessary by military operations
(see Art. 53, OC; par. 393 herein). The occupant does not have the
right of sale or unqualified use of such property. As administrator
or usufructuary he should not exercise his rights in such a wasteful
and negligent manner as seriously to impair its value. He may, how-
ever, lease or utilize public lands or buildings, sell the crops, cut and
sell timber, and work the mines. The term of a lease or contract should
not extend beyond the conclusion of the war.
403. Movable Property of a State
An army of occupation can only take possession of cash, funds,
and realizable securities which are strictly the property of the
State, depots of arms, means of transport, stores and supplies,
and, generally, all movable property belonging to the State which
may be used for operations of the war.
All appliances, whether on land, at sea, or in the air, adapted
for the transmission of news, or for the transport of persons or
things, exclusive of cases governed by naval laws, depfits of arms,
and, generally, all kinds of ammunition of war, may be seized,
even if they belong to private individuals, but must be restored
and compensation fixed when peace is made. {BR, art. 53.)
404. Classes of Movable Property
AH movable property belonging to the State susceptible of military
use may be taken possession of and utilized for the benefit of the occu-
pant's government. Under modern conditions of warfare, a large
proportion of State property may be regarded as capable of being used
151
for military purposes. However, movable property which is not sus-
ceptible of military use must be respected and cannot be appropriated.
405. Municipal, Religious, Charitable, and Cultural Property
a. Treaty Provision.
The property of municipalities, that of institutions dedicated
to religion, charity and education, the arts and sciences, even when
State property, shall be treated as private property.
AH seizure or destruction of, or wilful damage to, institutions
of this character, historic monuments, works of art and science, is
forbidden, and should be made the subject of legal proceedings.
(HR,art.56.) .
b. Use of Such Premises. The property included in the foregoing
rule may be requisitioned in case of necessity for quartering the troops
and the sick and wounded, storage of supplies and material, housing
of vehicles and equipment, and generally as prescribed for private
property. Such property must, however, be secured against all avoid-
able injury, even when located in fortified places which are subject
to seizure or bombardment.
o. Religious Buildings, Shrines, and Consecrated Places. In the
practice of the United States, religious buildings, shrines, and conse-
crated places employed for worship are used only for aid stations,
medical installations, or for the housing of wounded personnel await-
ing evacuation, provided in each case that a situation of emergency
requires such use.
406. Private Property: General
a. Treaty Provision.
Private property cannot be confiscated. {BR, art. 46, 2d par,)
b, Prohibited Acts. The foregoing prohibition extends not only to
outright taking in violation of the law of war but also to any acts
which, through the use of threats, intimidation, or pressure or by act-
ual exploitation of the power of the occupant, permanently or tem-
porarily deprive the owner of the use of his property without his
consent or without authority under international law.
407. Private Real Property
Immovable private enemy property may under no circumstances be
seized. It may, however, be requisitioned (see par. 412).
408. Private Movable Property Susceptible of Direct Military Use
See Article 53, HR (par. 403) .
409. Receipts
If private property is seized in conformity with the preceding para-
graph, a receipt therefor should be given the owner or a record made
of the nature and quantity of the property and the name of the owner
152
or person in possession in order that restoration and compensation
may be made at the conclusion of the war.
410. Types of Private Property Susceptible to Direct Military Use
a. Seizure. The rule stated in the foregoing paragraph, includes
everything susceptible of direct military use, such as cables, telephone
and telegraph plants, radio, television, and telecommunications equip-
ment, motor vehicles, railways, railway plants, port facilities, ships
in port, barges and other watercraft, airfields, aircraft, depots of
arms, whether military or sporting, documents connected with the
war, all varieties of military equipment, including that in the hands
of manufacturers, component parts of or material suitable only for
use in the foregoing, and in general all kinds of war material.
b. Destruction. The destruction of the foregoing property and all
damage to the same is justifiable only if it is rendered absolutely nec-
essary by military operations. (See GO, art. 53; par. 393& herein,)
41 T. Submarine Cables
a. Treaty Provision.
Submarine cables connecting an occupied territory with a neu-
tral territory shall not be seized or destroyed except in the case
of absolute necessity. They must likewise be restored and com-
pensation fixed when peace is made. (HI?, art. 54.)
6. Application. The foregoing provision applies only to activities
on land and does hot deal with seizure or destruction of cables in the
open sea.
412. Requisitions
a. Treaty Provision.
Requisitions in kind and services shall not be demanded from
municipalities or inhabitants except for the needs of the army of
occupation. They shall be in proportion to the resources of the
country, and of sueh a nature as not to involve the population in
the obligation of taking part in operations of the war against
their country.
Such requisitions and services shall only be demanded on the
authority of the commander in the locality occupied.
Contributions in kind shall, as far as possible, be paid for in
cash; if not, a receipt shall be given and the payment of the
amount due shall be made as soon as possible. (HR, art. 58'.)
o. What May Be Requisitioned. Practically everything may be
requisitioned under this article that is necessary for the maintenance
of the army, such as fuel, food, clothing, building materials, ma-
chinery, tools, vehicles, furnishings for quarters, etc. Billeting of
troops in occupied areas is also authorized.
153
413. Requisitioning of Foodstuffs and Medical Supplies
The Occupying Power may not requisition foodstuffs, articles
or medical supplies available in the occupied territory, except for
use by the occupation forces and administration personnel, and
then only if the requirements of the civilian population have
been taken into account. Subject to the provisions of other in-
ternational Conventions, the Occupying Power shall make ar-
rangements to ensure that fair value is paid for any requisitioned
goods. (GO, art. 55, 2d far.)
414. Requisition of Hospitals
See Article 57, GO (par. 386).
415. Method of Requisitioning
Requisitions must be made under the authority of the commander
in the locality. No prescribed method is fixed, but if practicable re-
quisitions should be accomplished through the local authorities by
systematic collection in bulk. They may be made direct by detach-
ments if local authorities fail or if circumstances preclude resort to
such authorities.
416. Prices and Compensation for Requisitioned Articles and Services
The prices of articles and services requisitioned will be fixed by
agreement if possible, otherwise by military authority. Eeceipts
should be taken up and compensation paid promptly.
417. Method of Enforcing Requisition
Coercive measures will be limited to the amount and kind necessary
to secure the articles requisitioned.
Section VI. SERVICES OF INHABITANTS AND OF OFFICIALS
418. Labor of Protected Persons
The Occupying Power may not compel protected persons to
serve in its armed or auxiliary forces. No pressure or propa-
ganda which aims at securing voluntary enlistment is permitted.
The Occupying Power may not compel protected persons to
work unless they, are over eighteen years of age, and then only
oh work which is necessary either for the needs of the army of
occupation,, or for the public utility services, or for the feeding,
sheltering, clothing, transportation or health of the population
of the occupied country. Protected persons may not be compelled
to undertake any work which would involve them in the obliga-
tion of -taking part in military operations. The Occupying Power
may not compel protected persons to employ forcible means to
ensure the security of the installations where they are perform-
ing compulsory labour.
154
The work shall be carried out only in the occupied territory
where the persons whose services have been requisitioned are.
Every such person shall, so far as possible, be kept in his usual
place of employment. Workers shall be paid a fair wage and the
work shall be proportionate to their physical and intellectual
capacities. The legislation in force in the occupied country con-
cerning working conditions, and safeguards as regards, in par-
ticular^ such matters as wages, hours of work, equipment, prelimi-
nary training and compensation for occupational accidents and
diseases, shall be applicable to the protected persons assigned
to the work referred to in this Article.
In no case shall requisition of labour lead to a mobilization of
workers in an organization of a military or semi-military
character. {00, art. 61.) (See also HR, art. £3, 2d par,; par, 32
herein.)
419. Services Which May be Requisitioned
The services which may be obtained from inhabitants by requisition
include those of professional men, such as engineers, physicians and
nurses and of artisans and laborers, such as clerks, carpenters, butch-
ers, bakers, and truck drivers. The officials and employees of rail-
ways, truclilines, airlines, canals, river or coastwise steamship com-
panies, telegraph, telephone, radio, postal and similar services, gas,
electric, and water works, and sanitary authorities, whether employed
by the State or private companies, may be requisitioned to perform
their professional duties only so long as the duties required do not
directly concern the operations of war against their own country.
The occupant may also requisition labor to restore the general condi-
tion of the public works to that of peace, including the repair of
roads, bridges, and railways, and to perform services on behalf of the
local population, such as the care of the wounded and sick and the
burial of the dead.
420. Prohibited Labor
The prohibition against forcing the inhabitants to take part in mili-
tary operations against their own country precludes requisitioning
their services upon works directly promoting the ends of the war,
such as construction of fortifications, entrenchments, and military air-
fields or the transportation of supplies or ammunition in the zone of
operations. There is no objection in law to their being employed vol-
untarily and for pay in such work.
421 . Protection of Workers
No contract, agreement or regulation shall impair the right of
any worker, whether voluntary or not and wherever he may be,
155
to apply to the representatives of the Protecting Power in order
to request the said Power's intervention.
All measures aiming at creating unemployment or at restrict-
ing the opportunities offered to workers in an occupied territory;
in order to induce them to work for the Occupying Power, are
prohibited. (GO, art. 62.)
422. Judges and Public Official*
The Occupying Power may not alter the status of public offi-
cials or judges in the occupied territories, or in any way apply
sanctions to or take any measures of coercion or discrimination
against them, should they abstain front fulfilling their functions
for reasons of conscience.
This prohibition does not prejudice the application of the second
paragraph of Article 51. It does not affect the right of the Oc-
cupying Power to remove public officials from their posts. (GO,
art. 6$..)
423. Oath of Officials
The occupant may require such officials as are continued in their
offices to take an oath to perform their duties conscientiously and not
to act to its prejudice. Every such official who declines to take such,
oath may be removed; but, whether he does so or not, he owes strict
obedience to the occupant as long as he remains in office,
424. Salaries of Officials
The salaries of civil officials of the hostile government who remain
in the occupied territory and continue the work of their offices, es-
pecially those who can properly continue it under the circumstances
arising out of the war — such as judges, administrative or police officers,
officers of city or communal governments — are paid from the public
revenues of the occupied territory, until the military government
has reason wholly or partially to dispense with their services. Salaries
or incomes connected with purely honorary titles are always suspended-
Section VII. PUBLIC FINANCE
425. Taxes
a. Treaty Provision.
If, in the territory occupied, the occupant collects the taxes,
dues, and tolls imposed for the benefit of the State, he shall do
so, as far as is possible, in accordance with the rules of assessment
and incidence in force, and shall in consequence be bound to defray
the expenses of the administration of the occupied territory to
the same extent as the legitimate Government was so bound.
(BR, art. 48.)
156
b. Surplus. The first charge upon such taxes is for the cost of the
administration of the occupied territory. The balance may be used
for the purposes of the occupant.
426. Changes in Taxes
a. When Existing Rules May Be Disregarded. If, due to the flight
or unwillingness of the local officials, it is impracticable to follow the
rules of incidence and assessment in force, then the total amount of
taxes to be paid may be allotted among the districts, towns, etc, and
the local authorities required to collect it.
b. New Taxes. Unless required to do so by considerations of public
order and safety, the occupant must not create new taxes.
427. Taxes Collected by Local Authorities
The words "for the benefit of the State" were inserted in the fore-
going article (HR, art. 48; par. 425 herein) to exclude local taxes,
dues, and tolls collected by local authorities. The occupant may super-
vise the expenditure of such revenue and prevent its hostile use.
428. Contributions
a. Treaty Provision.
If, in addition to the taxes mentioned in the above Article, the
occupant levies other money contributions in the occupied terri-
tory, this shall only be for the needs of the army or of the admin-
istration of the territory in question. (HR, art. 49.)
b. Prohibited Purposes. Contributions may not be levied for the
enrichment of the occupant, for the payment of war expenses gen-
erally, or for other than the needs of the occupying forces and the
administration of the occupied territory.
429. Methods of Levying Contributions
No contribution shall be collected except under a written order,
and on the responsibility of a Commander-in-chief.
The collection of the said contribution shall only be effected as
far as possible in accordance with the rules of assessment and in-
cidence of the taxes in force.
For every contribution a receipt shall be given to the contrib-
utors. {BR, art. 51.)
430. Currency and Exchange Controls
The occupying power may leave the local currency of the occupied
area in circulation. It is also authorized to introduce its own currency
or to issue special currency for use only in the occupied area, should
the introduction or issuance of such currency become necessary. The
occupant may also institute exchange controls, including clearing
arrangements, in order to conserve the monetary assets of the occu-
pied territory. Such measures must not, however, be utilized to en-
157
684524 0-63— II
rich the. occupant or: otherwise circumvent the restrictions placed on
requisitions, contributions, seizures, and other measures dealing with
property. Intentional debasement of currency by the establishment
of fictitious valuation or exchange rates, or like devices, as well as
failure to take reasonable steps to prevent inflation, are violative of
international law.
431. Expropriation of Property for Local Benefit
In order to ensure public order and safety, as required by Article
43, BR, (par. 363) an occupant is authorized to expropriate either
public or private property solely for the benefit of the local popu-
lation. The occupant is obliged, unless absolutely prevented, to
respect the laws in force in the occupied area in so doing.
Section VIII. SECURITY OF THE OCCUPANT: PENAL LEGISLATION AND
PROCEDURE
432. Enforcement of Obedience
Subject to the restrictions imposed by international law, the occu-
pant can demand and enforce from the inhabitants of occupied terri-
tory such obedience as may be necessary for the security of its forces,
for the maintenance of law and order, and for the proper administra-
tion of the country. It is the duty of the inhabitants to carry on their
ordinary peaceful pursuits, to behave in an absolutely peaceful
manner, to take no part whatever in the hostilities carried on, to re-
frain from all injurious acts toward the troops or in respect to their
operations, and to render strict obedience to the orders of the occu-
pant. As to neutrals resident in occupied territory, see paragraphs
647-551.
433. Security Measures
a. Treaty Provision.
If the Occupying: Power considers it necessary, for imperative
reasons of security, to take safety measures concerning: protected
persons, it may, at the most, subject them to assigned residence
or to internment.
Decisions regarding such assigned residence or internment
shall be made according to a regular procedure to be prescribed
by the Occupying Power in accordance with the provisions of the
present Convention. This procedure shall include the right of
appeal for the parties concerned. Appeals shall be decided with
the least possible delay. In the event of the decision being upheld,
It shall be subject to periodical review, if possible every six months,
by a competent body set up by the said Power.
158
Protected persons made subject to assigned residence and thus
required to leave their homes shall enjoy the full benefit of Article
39 of the present Convention. (GO, art. 78.)
b. Function of Competent Body. "Competent bodies" to review
the internment or assigned residence of protected persons may be
created with advisory functions only, leaving the final decision to a
high official of the Government.
434. Pencil Legislation
See paragraphs 369-371, regarding penal legislation which may be
repealed or suspended and legislation which may be promulgated by
the occupant.
435. Publication
a. Treaty Provision.
The penal provisions enacted by the Occupying Power shall not
come into force before they have' been published and brought te
the knowledge of the inhabitants in their own language. The
effect of these penal provisions shall not be retroactive. (GO,
art. 65).
b. Form of Publication. The penal provisions referred to in the
foregoing article must be promulgated in written form. It is not
sufficient that they be announced by radio or loudspeakers.
436: Competent Courts
In case of a breach of the penal provisions promulgated by it
by virtue of the second paragraph of Article 64, the Occupying
Power may hand over the accused to its properly constituted, non-
political military courts, on condition that the said courts sit in
the occupied country. Courts of appeal shall preferably sit in
the occupied country. (GO, art. 66.)
437. Applicable Law
The courts shall apply only those provisions of law which were
applicable prior to the offence,, and which are in accordance with
general principles of law, in . particular the principle that the
penalty shall be proportionate to the offence.. They shall take
into consideration the fact that the accused is not a national
of the Occupying Power. (GO, art. 67.)
438. Penalties
a. Treaty Provision.
Protected persons who commit an offence which is solely in-
tended to harm the Occupying Power, but which does not con-
stitute an attempt on the life or limb of members of the occupying
159
forces or administration, nor a grave collective danger, nor
seriously damage the property of the occupying forces or ad-
ministration or the installations used by them, shall be liable to
internment or simple imprisonment, provided the duration of
such internment or imprisonment is proportionate to the offence
committed. Furthermore, internment or imprisonment shall, for
such offences, be the only measure adopted for depriving pro-
tected persons of liberty. The courts provided for under Article
66 of the. present Convention may at their discretion convert a
sentence of imprisonment to one of internment for the same
period.
The penal provisions promulgated by the Occupying Power in
accordance with Articles 64 and 65 may impose the death penalty
on a protected person only in cases where the person is guilty of
espionage, or serious acts of sabotage against the military in-
stallations of the Occupying Power or of intentional offences
which have caused the death of one or more persons, provided that
such offences were punishable by death under the law of the
occupied territory in force before the occupation began.
The death penalty may not be pronounced against a protected
person unless the attention of the court has been particularly
called to the fact that since the accused is not a national of the
Occupying Power, he is not bound to it by any duty of allegiance.
In any case, the death penalty may not be pronounced against
a protected person who was under eighteen years of age at the
time of the offence. (GO, art. 68.)
b. Reservation as to Death Penalty, The United States has re-
served the right to impose the death penalty in accordance with the
provisions of Article 68, 2d paragraph, without regard to whether
the offenses referred to therein are punishable by death under the
law of the occupied territory at the time the occupation begins,
<?. Other Offenses and Penalties. The foregoing article does not
preclude the imposition of penalties, such as fines, not depriving the
protected person of liberty. Acts in violation of the laws promulgated
by the Occupying Power which are not solely intended to harm that
Power, as, for example, traveling without a permit or violating ex-
change control regulations, are also punishable by internment or im-
prisonment or other penalties depriving the protected person of
libertj,
439. Deduction From Sentences of Period Spent Under Arrest
In all cases, the duration of the period during which a pro-
tected person accused of an offence is under arrest awaiting trial
or punishment shall be deducted from any period of imprisonment
awarded. (GO, art. 69.)
160
440. Offenses Committed Before Occupation
Protected persons shall not be arrested, prosecuted or convicted
by the Occupying Power for acts committed or for opinions ex-
pressed before the occupation, or during a temporary interruption
thereof, with the exception of breaches of the laws and customs
of war.
Nationals of the occupying Power who, before the outbreak of
hostilities, have sought refuge in the territory of the occupied
State, shall not be arrested, prosecuted, convicted or deported
from the occupied territory, except for offences committed after
the outbreak of hostilities, or for offences under common law
committed before the outbreak of hostilities which, according to
the law of the occupied State, would have justified extradition in
time of peace. {GO, art. 70.)
441. Penal Procedure
No sentence shall be pronounced by the competent courts of the
Occupying Power except after a regular trial.
Accused persons who are prosecuted by the Occupying Power
shall be promptly informed, in writing, in a language which they
understand, of the particulars of the charges preferred against
them, and shall be brought to trial as rapidly as possible. The
Protecting Power shall be informed of all proceedings instituted
by the Occupying Power against protected persons in respect of
charges involving the death penalty or imprisonment for two
years or more; it shall be enabled, at any time, to obtain infor-
mation regarding the state of such proceedings. Furthermore,
the Protecting Power shall be entitled, on request, to be furnished
with all particulars of these and of any other proceedings insti-
tuted by the Occupying Power against protected persons.
The notification to the Protecting Power, as provided for in the
second paragraph above, shall be sent immediately, and shall in
any case reach the Protecting Power three weeks before the date
of the first hearing. Unless, at the opening of the trial, evidence
is submitted that the provisions of this Article are fully complied
with, the trial shall not proceed. The notification shall include
the following particulars:
(a) description of the accused;
(6) place of residence or detention;
(c) specification of the charge or charges (with mention of
the penal provisions under which it is brought) ;
(d) designation of the court which will hear the case;
(e) place and date of the first hearing. {GO, art. 71.)
161
442. Right of Defense
Accused persons shall have the right to present evidence neces-
sary to their defence and may, in particular, call witnesses. They
shall have the right to be assisted by a qualified advocate or
counsel of their own choice, who shall be able to visit them freely
and shall enjoy the necessary facilities for preparing the defence.
Failing a choice by the accused, the Protecting Power may pro-
vide him with an advocate or counsel. When an accused person
has to meet a serious charge and the Protecting Power is not func-
tioning, the Occupying Power, subject to the consent of the ac-
cused, shall provide an advocate or counsel.
Accused persons shall, unless they freely waive such assistance,
be aided by an interpreter, both during preliminary investigation
and during the hearing in court. They shall have the right at
any time to object to the interpreter and to ask for his replace-
ment. {GO, art. 7p.)
443. Right of Appeal
A convicted person shall have the right of appeal provided for
by the laws applied by the court. He shall be fully informed of
his right to appeal or petition and of the time limit within which
he may do so.
The penal procedure provided in the present Section shall apply,
as far as it is applicable, to appeals. Where the laws applied by
the Court make no provision for appeals, the convicted person
shall have the right to petition against the finding and sentence
to the competent authority of the Occupying Power. (GO, art.
73.)
444. Assistance by the Protecting Power
Representatives of the Protecting Power shall have the right
to attend the trial of any protected person, unless the hearing
has, as an exceptional measure, to be held in camera in the in-
terests of the security of the Occupying Power, which shall then
notify the Protecting Power. A notification in respect of the date
and place of trial shall be sent to the Protecting Power.
Any judgment involving a sentence of death, or imprisonment
for two years or more, shall be communicated, with the relevent
grounds, as rapidly as possible to the Protecting Power. The
notification shall contain a reference to the notification made
under Article 71, and, in the case of sentences of imprisonment,
the name of the place where the sentence is to be served. A record
of judgments other than those referred to above shall be kept
by the court and shall be open to inspection by representatives
of the Protecting Power. Any period allowed for appeal in the
case of sentences involving the death penalty, or imprisonment
162
of two years or more, shall not run until notification of judgment
has been received by the Protecting Power. (GO^ art. 7^.)
445. Death Sentence
In no case shall persons condemned to death be deprived of the
right of petition for pardon or reprieve.
No death sentence shall be carried out before the expiration of
a period of at least six months from the date of receipt by the
Protecting Power of the notification of the final judgment con-
firming such death sentence, or of an order denying pardon or
reprieve.
The six months period of suspension of the death sentence
herein prescribed may be reduced in individual cases in circum-
stances of grave emergency involving an organized threat to the
security of the Occupying Power or its forces, provided always
that the Protecting Power is notified of such reduction and is
given reasonable time and opportunity to make representations
to the competent occupying authorities in respect of such death
sentences. (GO, art. 75.)
446. Treatment of Detainees
Protected persons accused of offences shall be detained in the
occupied country, and if convicted they shall serve their sentences
therein. They shall, if possible, be separated from other detainees
and shall enjoy conditions of fqod and hygiene which will be suf-
ficient to keep them in good health, and which will be at least
equal to those obtaining in prisons in the occupied country.
They shall receive the medical attention required by their state
of health.
They shall also have the right to receive any spiritual assistance
which they may require.
Women shall be confined in separate quarters and shall be
under the direct supervision of women.
Proper regard shall be paid to the special treatment due to
minors.
Protected persons who are detained shall have the right to
be visited by delegates of the Protecting Power and of the In-
ternational Committee of the Red Cross, in accordance with the
provisions of Article 143.
Such persons shall have the right to receive at least one relief
parcel monthly. (GO, art. 76.)
447. Close of Occupation
Protected persons who have been accused of offences or con-
victed by the courts in occupied territory, shall be handed over
163
at the close of occupation, with the relevant records, to the au-
thorities of the liberated territory. (00, art. 77.)
448. Penalty for Individual Acts of Inhabitants
No general penalty, pecuniary or otherwise, shall be inflicted
upon the population on account of the acts of individuals for
which they cannot be regarded as jointly and severally respon-
sible. (SB, art. SO.) (See also GO, art. S3; par. 272 herein.)
164
CHAPTER 7
NONHOSTILE RELATIONS OF BELLIGERENTS
Section I. GENERAL
449. Nonintercourse
All intercourse between the territories occupied by belligerent
armies, whether by traffic, communication, travel, or in any other way,
ceases. This is the general rule to be observed without special
proclamation.
450. Exceptions to Rule
Exceptions to this rule, whether by safe-conduct, license to trade,
exchange of mails, or travel from one territory into the other, are made
on behalf of individuals only with the approval of the Government
or the highest military authority,
451 . Forms of Nonhostile Relations of Belligerents
The conduct of war and the restoration of peace require certain
nonhostile relations between belligerents. These relations are con-
ducted through parlementaires, military passports, safe-conducts,
safeguards, cartels, capitulations, and armistices.
452. Communication Between Belligerent States and Armies
One belligerent may communicate with another directly by radio,
through parlementaires, or in a conference, and indirectly through
a Protecting Power, a third State other than a Protecting Power, or
the International Committee of the Red Cross.
453. Good Faith Essential
It is absolutely essential in all nonhostile relations that the most
scrupulous good faith shall be observed by both parties, and that no
advantage not intended to be given by the adversary shall be taken.
Section II. MILITARY PASSPORTS, SAFE-CONDUCTS
AND SAFEGUARDS
454. General
Persons within an area occupied by a belligerent may be protected
from molestation or interference through military passports, safe-
conducts, and safeguards. These devices are a matter of international
law only when granted or posted by arrangement with the enemy.
165
455. Military Passport
A military passport is a document issued by order of a commander
of belligerent forces, authorizing a person or persons named therein,
redding or sojourning within territory occupied by such forces, to
travel unmolested within such territory, with or without permission
to pass, or to pass and return, by designated routes, through the lines,
subject to such further conditions and limitations as the commander
may prescribe.
456. Safe-Conduct
a. General. Documents like passports, issued by the same author-
ity and for similar purposes, to persons residing or sojourning outside
of the occupied areas, who desire to enter and remain within or pass
through such areas, are called safe-conducts. Similar documents,
issued by the same authority, to persons residing within or without the
occupied areas, to permit them to carry specified goods to or from
designated places within those areas, and to engage in trade otherwise
forbidden by the general rule of nonintercourse, are also called safe-
conducts. Safe-conducts for goods in which, the grantee is given a
continuing right for a prescribed period, or until further orders, to
engage in the specified trade, are sometimes called licenses to trade.
o. Safe-Conducts for Ambassadors and Diplomatic Agents. Am-
bassadors and other diplomatic agents of neutral powers, accredited
to the enemy, may receive safe-conducts through the territories
occupied by the belligerents, unless there are military reasons to the
contrary and unless they may reach the place of their destination con-
veniently by another route. There is, however, no legal requirement
that such safe-conducts be issued. Safe-conducts of this nature are
usually given by the supreme authority of the State and not by
subordinate officers.
457. Safeguard
A safeguard is a detachment, guard, or detail posted by a comman-
der for the protection of persons, places, or property of the enemy,
or of a neutral. The term also includes a written order left by a com-
mander with an enemy subject or posted upon enemy property for the
protection of the individual or property concerned. It is usually di-
rected to the succeeding commander and requests the grant of pro-
tection. The effect of a safeguard is to pledge the honor of the na-
tion that the person or property shall be respected by the national
armed forces. The violation of a safeguard is a grave violation of the
law of war and, if committed by a person subject to the Uniform Code
of Military Justice, is punishable under Article 102 thereof with
death or such other punishment as a court-martial may direct.
166
Soldiers on duty as safeguards occupy a protected status. They
may not be attacked, and it is customary to send them back, together
with their equipment and arms, to their own army when the locality
is occupied by the enemy and as soon as military exigencies permit.
Section III. PARLEMENT AIRES
45S. Negotiations Between Belligerents
In the past, the normal means of initiating negotiations between
belligerents has been the display of a white flag. In current practice,
radio messages to the enemy and messages dropped by aircraft are
becoming increasingly important as a prelude to conversations be-
tween representatives of the belligerent forces.
The white flag, when used by troops, indicates a desire to commu-
nicate with the enemy. The hoisting of a white flag has no other
signification in international law. It. may indicate that the party
hoisting it desires to open communication with a view to an armistice
or a surrender. If hoisted in action by an individual soldier or. a
small party, it may signify merely the surrender of that soldier or
party. It is essential, therefore, to determine with reasonable cer-
tainty that the flag is shown by actual authority of the enemy com-
mander before basing important action upon that assumption.
The enemy is not required to cease firing when a white flag is raised.
To indicate that the hoisting is authorized by its commander, the
appearance of the flag should be accompanied or followed promptly
by a complete cessation of fire from that side. The commander au-
thorizing the hoisting of the flag should also promptly send a parle-
mentaire or parlementaires.
459. Parlementaires
Parlementaires are agents employed by commanders of belligerent
forces in the field, to go in person within the enemy lines, for the pur-
pose of communicating or negotiating openly and directly with the
enemy commander,
460. Inviolability of Parlementaire
A person is regarded as a parlementaire who has been au-
thorized by one of the belligerents to enter into communication
with the other, and who advances bearing a white flag. He has a
right to inviolability, as well as the trumpeter, bugler or drum-
mer, the flag -bearer and the interpreter who may accompany him,
{HR,art.3&.)
461 . Fire Not To Be Directed on the Parlementaire
Fire should not be intentionally directed on parlementaires or those
accompanying them. If, however, the parlementaires or those near
them present themselves during an engagement and are killed or
wounded, it furnishes no ground for complaint. It is the duty of the
167
parlementaire to select a propitious moment for displaying his flag,
such as during the intervals of active operations, and to avoid danger-
ous zones by making a detour.
462. Credentials of Parlementaire
Parlementaires must be duly authorized in a written instrument
signed by the commander of the forces.
463. Reception of Parlementaire
The commander to whom a parlementaire is sent is not in all
cases obliged to receive him.
He may take all the necessary steps to prevent the parle-
mentaire taking advantage of his mission to obtain information.
In case of abuse, he has the right to detain the parlementaire
temporarily. (BR, art. 33.)
464. Conditions for Receipt of Parlementaire
A commander may declare the formalities and conditions upon
which he will receive a parlementaire and fix the hour and place at
which he must appear. The present rule is that a belligerent may not
declare beforehand, even for a specified period — except in case of
reprisal for abuses of the flag of truce — that he will not receive par-
lementaires. An unnecessary repetition of visits need not be allowed.
While within the lines of the enemy, the parlementaire must obey
all instructions given him. He may be required to deliver his mes-
sage to a subordinate of the commander.
465. Detention of Parlementaire
In addition to the right of detention for abuse of his position, a
parlementaire may be detained in case he has seen anything or ob-
tained knowledge which may be detrimental to the enemy, or if his
departure would reveal information on the movement of troops. He
should be detained only so long as circumstances imperatively de-
mand, and information should be sent at once to his commander as
to such detention, as well as of any other action taken against him or
against his party.
466. loss of Inviolability
The parlementaire loses his rights of inviolability if it is proved
in a clear and incontestable manner that he has taken advantage
of his privileged position to provoke or commit an act of
treachery. (SB, art. $4.)
467. Abuse of Flag of Truce
It is an abuse of the flag of truce, forbidden as an improper ruse
under Article 23 (/), HR (par. 52), for an enemy not to halt and
cease firing while the parlementaire sent by him is advancing and
being received by the other party ; likewise, if the flag of truce is made
168
use of for the purpose of inducing the enemy to believe that a parle-
mentaire is going to be sent when no such intention exists. It is also
an abuse of a flag of truce to carry out operations under the protec-
tion accorded by the enemy to it and those accompanying it. An in-
dividual or a party acts treacherously in displaying a white flag
indicative of surrender as a imse to permit attack upon the forces of
the other belligerent. An abuse of a flag of truce may authorize a
resort to reprisals.
468. Neutral Areas
If it is anticipated that negotiations between belligerents may be
prolonged, a neutralized area may by agreement of the parties be
set aside for the site of the negotiations. The belligerents may agree
that no combat activity will take place within or over the area and
that forces will be detailed to maintain the security of the area. The
area designated as neutral on maps interchanged by representatives of
the belligerents may be marked with searchlights, balloons, and other
devices to insure that it will not be attacked.
Section IV. CARTELS
469. Cartels
In its narrower sense, a cartel is an agreement entered into by
belligerents for the exchange of prisoners of war. In its broader sense,
it is any convention concluded between belligerents for the purpose of
arranging or regulating certain kinds of nonhostile intercourse other-
wise prohibited by reason of the existence of the war. Both parties
to a cartel are in honor bound to observe its provisions with the most
scrupulous care, but it is voidable by either party upon definite proof
that it has been intentionally violated in an important particular by
the other party. (See par. 197.)
Section V. CAPITULATIONS
470. Capitulation Defined
A capitulation is an agreement entered into between commanders
of belligerent forces for the surrender of a body of troops, a fortress,
or other defended locality, or of a district of the theater of operations.
A surrender may be effected without resort to a capitulation,
471. Military Honor in Capitulations
Capitulations agreed upon between the contracting parties
must take into account the rules of military honour.
Once settled, they must be scrupulously observed by both par-
ties. (HR,art.S5.)
472. Powers of Commanders
Subject to the limitations hereinafter indicated, the commander of
a body of troops is presumed to be duly authorized to enter into
169
capitulations. In the case of a commander of a military force of the
United States, if continued battle has become impossible and he can-
not communicate with his superiors, these facts will constitute proper
authority to surrender. If a commander of military forces of the
United States surrenders unnecessarily and shamefully or in violation
of orders from higher authority, he is liable to trial and punishment
(see UCMJ, Art. 99 (2)). The fact that any commander surrenders
in violation of orders or the law of his own State does not impair the
validity of the surrender. A commanding officer's powers do not ex-
tend beyond the forces and territory under his command. Unless so
authorized by his government, he does not possess power to bind his
government to a permanent cession of the place or places under his
command, or to any surrender of sovereignty over territory, or to any
cessation of hostilities in a district beyond his command, or to agree
to terms of a political nature or such as will take effect after the
termination of hostilities.
473. Surrenders Concluded by Political Authorities
The surrender of a place or force may also be arranged by the politi-
cal authorities of the belligerents without the intervention of the
military authorities. In this case the capitulation may contain other
than military stipulations.
474. Form of Capitulations
There is no specified form for capitulations. They may be con-
cluded either orally or in writing, but in order to avoid disputes, they
should be reduced to writing. The agreement should contain in precise
terms every condition to be observed on either side, excepting such con-
ditions as are clearly imposed by the laws of war. Details of time and
procedure should be prescribed in the most exact and unequivocal
language. Even in case of an unconditional surrender, when the terms
are dictated by the victor, they should nevertheless be embodied in a
written capitulation as soon as practicable.
475. Subjects Usually Regulated
In the capitulation (the instrument of surrender), the following
subjects are usually dealt with, insofar as they are relevent to the
circumstances of the particular surrender :
a. The force or territory which is surrendered and the exact time
at which the surrender is to take effect.
b. Disposition of the enemy forces. A stipulation is normally
included concerning the movements and administration of the sur-
rendered forces after the surrender. The provisions of the capitula-
tion may, for example, require that the troops assemble at designated
points or that they remain in their present positions. It is normally
understood that the surrendered forces are to become prisoners of
war. In the event both belligerents are parties to GPW, little or noth-
170
irig more on that subject need be included in the capitulation. How-
ever, special circumstances, such as inability of the victor to guard,
evacuate, and maintain large numbers of prisoners of war or to occupy
the area in which enemy military forces are present, may justify the
victorious commander in allowing the defeated force to remain in its
present positions, to withdraw, or to disperse after having been dis-
armed and having given their paroles, provided that the giving of
paroles is not forbidden by the laws of their own country and that
they are willing to give their paroles (see par. 185).
c. If a place or area is surrendered, provisions relative to the with-
drawal of the defenders and the entering into possession of the vic-
torious troops. These matters should be fixed in advance with
precision.
d. Disposition of medical personnel and the wounded and sick.
e. Disposition of prisoners of . war, civilian internees, and other
persons held in the custody of the surrendered troops.
/. Disarmament. Normally, provisions are included to govern the
disposition of enemy arms, equipment, and other property in the hands
of the force which has surrendered. Officers are sometimes allowed
to retain their side arms in addition to the articles they are allowed
to keep under Article 18, GPW (par. 94).
ffi Prohibition of destruction by the surrendered forces of their
materiel or installations, or communications, transportation facilities,
and other public utilities in the area concerned.
h. The provision of facilities and of information on such matters
as minefields and other defense measures.
i. The civil administration of the area concerned, if a place or area
is surrendered.
Orders given by the victor. It is normally stipulated that the
orders of the victorious commander will be scrupulously carried out
by the surrendered forces and that those who fail to comply with such
orders or with the terms of the surrender itself, will be severely
punished.
476. Damage or Destruction of Property Prohibited After Surrender
From the moment of surrender the party surrendering has no right
to demolish, destroy, or injure facilities, installations, or materiel
under his control, unless otherwise stipulated in the capitulation.
Nothing, however, prevents a commander who intends to surrender
from carrying out such destruction, provided he does so before
signing the capitulation.
477. Violation of Terms of a Capitulation
Violation of the terms of a capitulation by individuals is punishable
as a war crime. If the violation is directed by the commander who
capitulated or by higher authority, the other belligerent may denounce
171
the capitulation and resume hostilities. Like action may also be
taken if the capitulation was obtained through a breach of faith.
478. Unconditional Surrender
An unconditional surrender is one in which a body of troops gives
itself up to its enemy without condition. It need not be effected on the
basis of an instrument signed by both parties. Subject to the restric-
tions of the law of war, the surrendered troops are governed by the
directions of the State to which they surrender.
Section VI. ARMISTICES
479. Definition
An armistice (or truce, as it is sometimes called) is the cessation
of active hostilities for a period agreed upon by the belligerents. It
is not a partial or temporary peace; it is only the suspension of
military operations to the extent agreed upon by the parties.
480. Effect of Arm Jit Ice
An armistice suspends military operations by mutual agree-
ment between the belligerent parties. If its duration is not de-
fined, the belligerent parties may resume operations at any time,
provided always that the enemy is warned within the time agreed
upon, in accordance with the terms of the armistice. (HE,
art. 36.)
481 . Armistice No Excuse for Lack of Vigilance
The existence of an armistice does not wan-ant relaxation of vigi-
lance in the service of security and protection, or in the preparedness
of troops for action, or exposing positions to the enemy.
482. Kinds of Armistice
An armistice may be general or local. The first suspends the
military operations of the belligerent States everywhere; the
second only between certain fractions of the belligerent armies
and within a fixed radius. (BR, art. 37.)
483. General Armistices
General armistices are usually of a combined political and military
character. They usually precede the negotiations for peace, but may
be concluded for other purposes. Due to its political importance, a
general armistice is normally concluded by senior military officers or
by diplomatic representatives or other high civilian officials. If an
armistice contains political terms, it must be made under authoriza-
tion from the governments concerned or subject to approval by them.
484. Local Armistices
A local armistice suspends operations between certain portions of
tile belligerent forces or within a designated district of the theater
of operations. A local armistice may be concluded by the military
172
forces only, or by the naval forces only, or between a less number than
all of the belligerents at war. Commanders of the forces concerned
are presumed to be competent to conclude local armistices, and ratifi-
cation upon the part of their governments is not required unless spe-
cially stipulated in the armistice agreement.
It is always a condition of a local armistice that a considerable part
of the forces and the region of war must be included and that the
cause for which it is concluded is not merely some pressing local in-
terest, as in the case of a suspension of arms {see next paragraph), but
one of a more general character, such as a general exhaustion of the
opposing belligerent in one part of the theater of war.
485. Suspension of Arms
A suspension of arms is a form of armistice concluded between
commanders of military forces for some local military purpose, such
as to bury the dead, to collect the wounded, to arrange for exchange
of prisoners, or to enable a commander to communicate with his
government or superior officer.
466. Form of Armistice
No special form for an armistice is prescribed. It should, if pos-
sible, be reduced to writing, in order to avoid misunderstandings and
for the purpose of reference should differences of opinion arise. It
should be drafted with the greatest precision and with absolute
clearness.
467. What Stipulations an Armistice Should Contain
Stipulations covering the following matters should be incorporated
in an armistice :
a. Precise Date, Day, and Hour of Commencement of the Armistice.
The precise date, day, and hour for the suspension of hostilities
should also be stipulated. The effective times may be different in dif-
ferent geographical areas. An armistice commences, in the absence
of express mention to the contrary, at the moment it is signed.
b. Duration of the Armistice. The duration may be for a definite
or indefinite period. In case it is indefinite, a belligerent may resume
operations at any time after notice. The terms and manner of giving
such notice should be specified. If a term is fixed and no agreement
has been made for prolonging it, hostilities may be resumed without
notice at the expiration of the term in the absence of positive agrees
ment to the contrary.
c. Principal Lines and AU Other Marks or Signs Necessary To De-
termine the Locations of the Belligerent Troops. For this purpose
maps with the lines indicated thereon may be attached to aiid made
part of the armistice. Provision may be included for a neutral zone
between the two armies. It is usually agreed that these lines are not
to be crossed or the neutral zone entered except by parlementaires or
173
684524 0-63— 12
other parties by special agreement for specified purposes, such as to
bury the dead and collect the wounded.
d. Relation of the Armies With the Local Inhabitants. If it is
desired to make any change during the armistice in the relations be-
tween the opposing forces and the peaceable inhabitants, this must be
accomplished by express provision. Otherwise these relations remain
unchanged, each belligerent continuing to exercise the same rights as
before, including the right to prevent or control all intercourse be-
tween the inhabitants within his lines and persons within the enemy
lines.
e. Acts To Be Prohibited During the Armistice. In the absence
of stipulations to the contrary, each belligerent is authorized to make
movements of troops within his own lines, to receive reinforcements,
to construct new fortifications, installations, and bases, to build and
repair transportation and communications facilities, to seek infor-
mation about the enemy, to bring up supplies and equipment, and,
in general, to take advantage of the time and means at his disposal
to prepare for resuming hostilities.
/. Disposition of Prisoners of War. If it is desired that prisoners
of war and civilian internees should be released or exchanged, specific
provisions in this regard should be made. (See GPW, art. 118; par.
198 herein.)
g. Consultative Machinery. It is generally desirable to provide
for the establishment of a commission, composed of representatives of
the opposing forces, to supervise the implementation of the armistice
agreement. Additional commissions, composed of representatives of
the belligerents or of neutral powers or both, may be constituted to
deal with such matters as the repatriation of prisoners of war.
488. Political and Military Stipulations in General Armistices
In addition to the provisions set forth in the preceding paragraph,
general armistices normally contain a number of political and mili-
tary stipulations concerning such matters as the evacuation of terrir
tory; disposition of aircraft and shipping; cooperation in the punish-
ment of war crimes; restitution of captured or looted property; com 7
munications facilities and public utilities; civil administration; disT
placed persons; and the dissolution of organizations which may
subvert public order.
489. Intercourse in Theater of Operations
a. Treaty Provision.
It rests with the contracting parties to settle, in the terms of the
armistice, what communications may be held in the theatre of
war with the inhabitants and between the inhabitants of one bel-
ligerent State and those of the other. {FIR, art. 39.)
b. Rule in Absence of Stipulation. If nothing is stipulated, the
intercourse remains suspended, as during actual hostilities.
T74
490. Notification of Armistice
An armistice must be notified officially and in good time to the
competent authorities and to the troops. Hostilities are sus-
pended immediately after the notification, or on the date fixed.
(HR, art. 38.)
491. When Binding
An armistice is binding upon the belligerents from the time of the
agreed commencement, but the officers of the armies are responsible
only from the time when they receive official information of its
existence.
492. Denunciation of Armistice
Any serious violation of the armistice by one of the parties gives
the other party the right of denouncing it, and even, in cases of
urgency, of recommencing hostilities immediately. (SR t art. Jfi.)
493. Denunciation Muil Not Involve Perfidy
An armistice, like other formal agreements between belligerents, en-
gages the honor of both parties for the exact and complete fulfillment
of every obligation thereby imposed. It would be an outrageous act
of perfidy for either party, without warning, to resume hostilities dur-
ing the period of an armistice, with or without a formal denunciation
thereof, except in case of urgency and upon convincing proof of in-
tentional and serious violation of its terms by the other party. Never-
theless, under the article last above quoted, upon definite proof of such
a violation of the armistice, if the delay incident to formal denuncia-
tion and warning seems likely to give the violator a substantial advan-
tage of any kind, the other party is free to resume hostilities without
warning and with or without a formal denunciation.
494. Violation! of Armistice by Individuals
a. Treaty Provision.
A violation of the terms of the armistice by private persons act-
ing on their own initiative only entitles the injured party to de-
mand the punishment of the offenders or, if necessary, compensa-
tion for the losses sustained. (HR, art. 41.)
b. Private Individuals Defined. A private individual, in the sense
of the foregoing article, refers to any person, including a member of
the armed forces, who acts on his own responsibility.
c. Effect of Violation of Armistice by Individuals. Violation of
the terms of an armistice by individuals is punishable as a war crime.
Such violations by individual soldiers or subordinate officers do not
justify denunciation of the armistice unless they are proved to have
been committed with the knowledge and actual or tacit consent of their
own government or commander. Consent may be inferred in the
event of a persistent failure to punish such offenders.
175
CHAPTER 8
REMEDIES FOR VIOLATION OF INTERNATIONAL LAW; WAR
CRIMES
Section I. REMEDIES AND REPRISALS
495. Remedies of Injured Belligerent
In the event of violation of the law of war, the injured party may
legally resort to remedial action of the following types :
a. Publication of the facts, with a view to influencing public opinion
against the offending belligerent
b. Protest and demand for compensation and/ or punishment of the
individual offenders. Such communications may be sent through the
protecting power, a humanitarian organization performing the duties
of a protecting power, or a neutral state, or by par lenient aire direct
to the commander of the offending forces. Article 3, B. TV, provides
in this respect :
A belligerent party which violates the provisions of the said
Regulations shall, if the case demands, be liable to par compensa-
tion. It shall be responsible for all acts committed by persons
forming part of its armed forces.
c. Solicitation of the good offices, mediation, or intervention of
neutral States for the purpose of making the enemy observe the law
of war. See Articles 11, GWS; 11, GWS Sea; 11, GPW; 12, GC
(par. 19), concerning conciliation procedure through the protecting
powers.
di Punishment of captured offenders as war criminals.
e. Eeprisals.
496. Inquiry Concerning Violations Of Geneva Conventions of 1949
GWS, GWS Sea, GPW, and GO contain a common provision that —
At the request of a Party to the conflict, an enquiry shall be
instituted, in a manner to be decided between the interested
Parties, concerning any alleged violation of the Convention.
If agreement has not been reached concerning the procedure for
the enquiry, the Parties should agree on the choice of an umpire
who will decide upon the procedure to be followed.
Once the violation has been established, the Parties to the con-
flict shall put an end to it and shall repress it with the least
possible delay. (GWS, art. 52; GWS Sea, art. 63; GPW, art. 132;
GC, art. 149.)
176
497. Reprisals
a. Definition. Reprisals are acts of retaliation in the form of con-
duct which would otherwise be unlawful, resorted to by one belligerent
against enemy personnel or property for acts of warfare committed
by the other belligerent in violation of the law of war, for the purpose
of enforcing future compliance with the recognized rules of civilized
warfare. For example, the employment by a belligerent of a weapon
the use of which is normally precluded by the law of war would con-
stitute a lawful reprisal for intentional mistreatment of prisoners of
war held by the enemy.
b. Priority of Other Remedies. Other means of securing compli-
ance with the law of war should normally be exhausted before resort
is had to reprisals. This course should be pursued unless the safety of
the troops requires immediate drastic action and the persons who ac-
tually committed the offenses cannot be secui-ed. Even when appeal
to the enemy for redress has failed, it may be a matter of policy to
consider, before resorting to reprisals, whether the opposing forces are
not more likely to be influenced by a steady adherence to the law
of war on the part of their adversary.
c. Against Whom Permitted. Reprisals against the persons or
property of prisoners of war, including the wounded and sick, and
protected civilians are forbidden (GPW, art. 13; GC t art. 33). Col-
lective penalties and punishment of prisoners of war and protected
civilians are likewise prohibited (GPW, art. 87; GO, art. 33). How-
ever, reprisals may still be visited on enemy troops who have not yet
fallen into the hands of the forces making the reprisals.
d. When and How Employed. Reprisals are never adopted merely
for revenge, but only as an unavoidable last resort to induce the
enemy to desist from unlawful practices. They should never be em-
ployed by individual soldiers except by direct orders of a commander,
and the latter should give such orders only after careful inquiry into
the alleged offense. The highest accessible military authority should
be consulted unless immediate action is demanded, in which event a
subordinate commander may order appropriate reprisals upon his
own initiative. Ill-considered action may subsequently be found to
have been wholly unjustified and will subject the responsible officer
himself to punishment for a violation of the law of war. On the other
hand, commanding officers must assume responsibility for retaliative
measures when an unscrupulous enemy leaves no other recourse against
the repetition of unlawful acts.
e. Form of Reprisal. The acts resorted to by way of reprisal need
not conform to those complained of by the injured party, but should
not be excessive or exceed the degree of violence committed by the
enemy.
177
f. Procedure. The rule requiring careful inquiry into the real
occurrence will always be followed unless the safety of the troops re-
quires immediate drastic action and the persons who actually com-
mitted the offense cannot be ascertained.
g. Hostages. The taking of hostages is forbidden {GO, art.
The taking of prisoners by way of reprisal for acts previously com-
mitted (so-called "reprisal prisoners") is likewise forbidden. (See
GO, art. 33.)
Section II. CRIMES UNDER INTERNATIONAL LAW
498. Crimes Under International Law
Any person, whether a member of the armed forces or a civilian,
who commits an act which constitutes a crime under international law
is responsible therefor and liable to punishment. Such offenses in
connection with war comprise:
a. Crimes against peace.
b. Crimes against humanity.
c. War crimes.
Although this manual recognizes the criminal responsibility of in-
dividuals for those offenses which may comprise any of the foregoing
types of crimes, members of the armed forces will normally be con-
cerned only with those offenses constituting "war crimes."
499. War Crimes
The term "war crime" is the technical expression for a violation of
the law of war by any person or persons, military or civilian. Every
violation of the law of war is a war crime.
500. Conspiracy, Incitement, Attempts, and Complicity
Conspiracy, direct incitement, and attempts to commit, as well as
complicity in the commission of, crimes against peace, crimes against
humanity, and war crimes are punishable.
501 . Responsibility for Acts of Subordinates
In some cases, military commanders may be responsible for war
crimes committed by subordinate members of the armed forces, or
other persons subject to their control. Thus, for instance, when troops
commit massacres and atrocities against the civilian population of
occupied territory or against prisoners of war, the responsibility may
rest not only with the actual perpetrators but also with the com-
mander. Such a responsibility arises directly when the acts in ques-
tion have been committed in pursuance of an order of the commander
concerned. The commander is also responsible if he has actual knowl-
edge, or should have knowledge, through reports received by him or
through other means, that troops or other persons subject to his con-
trol are about to commit or have committed a war crime and he fails
178
to take the necessary and reasonable steps to insure compliance "with
the law of war or to punish violators thereof,
502. Grave Breaches of the Geneva Conventions of 1949 as War Crimes
The Geneva Conventions of 1949 define the following acts as
"grave breaches," if committed against persons or property protected
by the Conventions:
a. GWSandGWS Sea,
Grave breaches to which the preceding Article relates shall be
those involving any of the following acts, if committed against
persons or property protected by the Convention : wilful killing,
torture or inhuman treatment, including biological experiments,
wilfully causing great suffering or serious injury to body or
health, and extensive destruction and appropriation of property,
not justified by military necessity and carried out unlawfully
and wantonly. (GWS, art. '50; GWS Sea, art. 51.)
i. GPW.
Grave breaches to which the preceding Article relates shall be
those involving any of the following acts, if committed against
persons or property protected by the Convention: wilful killing,
torture or inhuman treatment, including biological experiments,
wilfully causing great suffering or serious injury to body or
health, compelling a prisoner of war to serve in the forces of the
hostile Power, or wilfully depriving a prisoner of war of the
rights of fair and regular trial prescribed in this Convention.
(GPW, art. ISO.)
c. GG.
Grave breaches to which the preceding Article relates shall be
those involving any of the following acts, if committed against
persons or property protected by the present Convention : wilful
killing, torture or inhuman treatment, including biological ex-
periments, wilfully causing great suffering or serious injury to
body or health, unlawful deportation or transfer or unlawful
confinement of a protected person, compelling a protected person
to serve in the forces of a hostile Power, or wilfully depriving a
protected person of the rights of fair and regular trial prescribed
in the present Convention, taking of hostages and extensive de-
struction and appropriation of property, not justified by mili-
tary necessity and carried out unlawfully and wantonly. (GC,
art. U7.)
503. Responsibilities of the Contracting Parties
No High Contracting Party shall be allowed to absolve itself or
any other High Contracting Party of any liability incurred by it-
self or by another High Contracting Party in respect of breaches
179
referred to in the preceding Article. (GWS, art. 51; GWS Sea,
art. 52; GPW, art. 131; GO, art. 148.)
504. Other Types of War Crimes
In addition to the "grave breaches" of the Geneva Conventions of
1949, the following acts are representative of violations of the law of
war ("war crimes") :
a. Making use of poisoned or otherwise forbidden arms or am-
munition,
b. Treacherous request for quarter.
c. Maltreatment of dead bodies.
d. Firing on localities which are undefended and without military
significance.
e. Abuse of or firing on the flag of truce.
/. Misuse of the Red Cross emblem.
g. Use of civilian clothing by troops to conceal their military char-
acter during battle.
h. Improper use of privileged buildings for military purposes.
i. Poisoning of wells or streams.
j. Pillage or purposeless destruction.
k. Compelling prisoners of war to perform prohibited labor.
I. Killing without trial spies or other persons who have, committed
hostile acts.
m. Compelling civilians to perform prohibited labor.
n. Violation of surrender terms.
Section 111. PUNISHMENT OF WAR CRIMES
505. Trials
a. Nature of Proceeding. Any person charged with a war crima
has the right to a fair trial on the facts and law.
b. Rights of Accused. Persons accused of "grave breaches" of the
Geneva Conventions of 1949 are to be tried under conditions no less
favorable than those provided by Article 105 and those following
(par. 181 and following) of GPW (GWS, art. 49; GWS Sea, art. 50;
GPW, art. 129; GO, art. 146, 4th par. only; par. 506 herein.)
c. Rights of Prisoners of War. Pursuant to Article 85, GPW
(par. 161), prisoners of war accused of war crimes benefit from the
provisions of GPW, especially Articles 82-108 (pars. 158-184).
d. How Jurisdiction Exercised. War crimes are within the juris-
diction of general courts-martial (UOMJ, Art. IS), military commis-
sions, provost courts, military government courts, and other military
tribunals (UOMJ, Art. 21) of the United States, as well as of inter-
national tribunals.
e. Law Applied. As the international law of war is part of the law
of the land in the United States, enemy personnel charged with war
180
crimes are tried directly under international law without recourse to
the statutes of the United States. However, directives declaratory
of international law may be promulgated to assist such tribunals in
the performance of their function. (See pars. 506 and 507.)
506. Suppression of War Crimes
a. Geneva Conventions of 10^9. The Geneva Conventions of 1949
contain the following common undertakings :
The High Contracting Parties undertake to enact any legisla-
tion necessary to provide effective penal sanctions for persons
committing, or ordering to be committed, any of the grave
breaches of the present Convention defined in the following
Article.
Each High Contracting Party shall be under the obligation to
search for persons alleged to have committed, or to have ordered
to be committed, such grave breaches, and shall bring such per*
sons, regardless of their nationality, before its own courts. It
may also, if it prefers, and in accordance with the provisions of
its own legislation, hand such persons over for trial to another
High Contracting Party concerned, provided such High Con-
tracting Party has made out a prima facie case.
Each High Contracting Party shall take measures necessary
for the suppression of all acts contrary to the provisions of the
present Convention other than the grave breaches defined in the
following Article.
In all circumstances, the accused persons shall benefit by
safeguards of proper trial and defence, which shall not be less
favourable than those provided by Article 105 and those following
of the Geneva Convention relative to the Treatment of Prisoners
of War of August 12, 1949. (GWS, art. 4#; GWS Sea, art 50; GPW,
art. 129; GO, art. UG.)
b. Declaratory Character of Above Principles. The principles
quoted in a, above, are declaratory of the obligations of belligerents
under customary international law to take measures for the punish-
ment of war crimes committed by all persons, including members of
a belligerent's own armed forces.
c. Grave Breaches. "Grave breaches" of the Geneva Conventions
of 1949 and other war crimes which are committed by enemy per-
sonnel or persons associated with the enemy are tried and punished
by United States tribunals as violations of international law.
If committed by persons subject to United States military law,
these "grave breaches" constitute acts punishable under the Uniform
Code of Military Justice. Moreover, most of the acts designated
as "grave breaches" are, if committed within the United States,
violations of domestic law over which the civil courts can exercise
jurisdiction.
181
507. Universality of Jurisdiction
a. Victims of War Crimes. The jurisdiction of United States
military tribunals in connection with war crimes is not limited to of-
fenses committed against nationals of the United States but extends
also to all offenses of this nature committed against nationals of allies
and of cobelligerents and stateless persons.
i. Persons Charged With War Crimes. The United States normally
punishes war crimes as such only if they are committed by enemy
nationals or by persons serving the interests of the enemy State. Vio-
lations of the law of war committed by persons subject to the military
law of the United States will usually constitute violations of the
"Uniform Code of Military Justice and, if so, will be prosecuted under
that Code. Violations of the law of war committed within the United
States by other persons will usually constitute violations of federal
or state criminal law and preferably will be prosecuted under such
law (see pars, 505 and 506). Commanding officers of United States
troops must insure that war crimes committed by members of their
forces against enemy personnel are promptly and adequately punished.
508. Penal Sanctions
The punishment imposed for a violation of the law of war must ba
proportionate to the gravity of the offense. The death penalty may
be imposed for grave breaches of the law. Corporal punishment is
excluded. Punishments should be deterrent, and in imposing a sen-
tence of imprisonment it is not necessary to take into consideration
the end of the war, which does not of itself limit the imprisonment to
be imposed.
Section IV. DEFENSES NOT AVAILABLE
509. Defense of Superior Orders
a. The fact that the law of war has been violated pursuant to an
order of a superior authority, whether military or civil, does not de-
prive the act in question of its character of a war crime, nor does it
constitute a defense in the trial of an accused individual, unless he
did not know and could not reasonably have been expected to know
that the act ordered was unlawful. In all cases where the order is
held not to constitute a defense to an allegation of war crime, the
fact that the individual was acting pursuant to orders may be consid-
ered in mitigation of punishment.
h. In considering the question whether a superior order constitutes
a valid defense, the court shall take into consideration the fact that
obedience to lawful military orders is the duty of every member of
the armed forces; that the latter cannot be expected, in conditions of
war discipline, to weigh scrupulously the legal merits of the orders
received; that certain rules of warfare may be controversial; or that
an act otherwise amounting to a war crime may be done in obedience
182
to orders conceived as a measure of reprisal. At the same time it must
be borne in mind that members of the armed forces are bound to obey
only lawful orders (e. g., UCMJ, Art. 92) .
510. Government Officials
The fact that a person who committed an act -which constitutes a
war crime acted as the head of a State or as a responsible government
official does not relieve him from responsibility for his act.
511. Acts Not Punished in Domestic Law
The fact that domestic law does not impose a penalty for an act
which constitutes a crime under international law does not relieve the
person who committed the act from responsibility under international
law.
183
CHAPTER 9
NEUTRALITY
Section I. GENERAL
512. Definition
Traditionally, neutrality on the part of a State not a party to the
war has consisted in retraining from all participation in the war, and
in preventing, tolerating, and regulating certain acts on its own part,
by its nationals, and by the belligerents. It is the duty of belligerents
to respect the territory and rights of neutral States.
513. Neutrality Under the Charter of the United Nations
In the event of any threat to the peace, breach of the peace, or act
of aggression, the Security Council of the United Nations is author-
ized, under Articles 39 through 42 of the Charter, to make recommen-
dations, to call for the employment of measures short of force, or to
take forcible measures to maintain or restore international peace and
security. Measures short of force or force itself may also be employed
in pursuance of a recommendation of the General Assembly of the
United Nations. Although these provisions of the Charter have not
made it impossible for a State to remain neutral, the obligations which
the Charter imposes have to a certain extent qualifiecLthe rights of
States in this respect. For example, if a State is calisd upon, under
Articles 42 and 43 of the Charter, to take military" action against an
aggressor, that State loses its right to remain neutral but actually
loses its neutrality only to the extent that it complies with the direction
of the Security Council.
A military commander in the field is obliged to respect the neutrality
of third States which are not allied with the United States in the
conduct of hostilities and are not violating their duty of neutrality
toward this country, except to the extent that the State concerned has
expressly qualified its neutrality.
514. Notification of State of War to Neutrals
a. Treaty Provisions. See Articles 2 and 3, H. Ill (pars. 21 and
22).
b. Proclamations of Neutrality. When war occurs, neutral States
usually issue proclamations of neutrality, in which they state their
determination to observe the duties of neutrality and warn their
nationals of the penalties they incur for joining or assisting a bellig-
erent.
184
515. Inviolability of Territory
a. Treaty Provision.
The territory of neutral Powers is inviolable. (H. V, art. 1.)
b. Application of Rule. The foregoing rule prohibits any unau-
thorized entry into the territory of a neutral State, its territorial
waters, or the airspace over such areas by troops or instrumentalities
of war. If harm is caused in a neutral State by the unauthorized entry
of a belligerent, the offending State may be required, according to the
circumstances, to respond in damages.
516. Movements of Troops and Convoys of Supplies
Belligerents are forbidden to move troops or convoys of either
munitions of war or supplies across the territory of a neutral
Power. {H.V.art.S.)
517. Convoys of Munitions and Supplies
A .distinction must be drawn between the official acta of the bel-
ligerent State in convoying or shipping munitions and supplies
through neutral territory as part of an expedition and the shipment of
such supplies by private persons. The former is forbidden while the
latter is not.
51 8. Neutral State Must Prohibit Acts On Us Own Territory
A neutral Power must not allow any of the acts referred to in
Articles II to IV to occur on its territory.
It is not called upon to punish acts in violation of its neutrality
unless the said acts have been committed on its own territory.
(H. F, art. 5.)
519. Resistance to Violations of Neutrality
a. Treaty Provision.
The fact of a neutral Power resisting, even by force, attempts to
violate its neutrality cannot be regarded as a hostile act. (H. V,
art. 10.)
b. Patrolling the Frontier. In order to protect its neutrality, a
State whose territory is adjacent to a theater of war normally mobilizes
a portion of its forces to prevent troops of either belligerent from
entering its territory, to intern such as may be permitted to enter, and
generally to carry out its duties of neutrality.
520. Effect of Failure to Prevent Violation of Neutrality by Belligerent
Troops
Should the neutral State be unable, or fail for any reason, to prevent
violations of its neutrality by the troops of one belligerent entering
or passing through its territory, the other belligerent may be justified
in attacking the enemy forces on this territory.
185
521. Offenses Against Neutrality Defined by Statute
Supplementing the rules of international law, there are certain
statutes of the United States that define offenses against neutrality
and prescribe penalties therefor, some of which are effective only dur-
ing a war in which the United States is neutral, and others of which
are effective at all times (see 18 U. S. 0. 956-968, 22 U. S. 0. 441-457,
461-465) . The enforcement of these statutes devolves primarily upon
the civil authorities, but under certain circumstances land or naval
forces may be employed for that purpose (see, e. g., 28 U. S. C. 461).
Section II. RECRUITING IN NEUTRAL TERRITORY
522. Forming Corps of Combatants and Recruiting Forbidden
a. Treaty Provision.
Corps of combatants cannot be formed nor recruiting agencies
opened on the territory of a neutral Power to assist the belliger-
ents. (II. V, art. I)
b. Application of Rule. The establishment of recruiting agencies,
the enlistment of men; the formation and organization of hostile expe-
ditions on neutral territory, and the passage across its frontiers of
organized bodies of men intending to enlist are prohibited.
c. Personnel of Voluntary Aid Societies. This prohibition does
not extend to medical personnel and units of a voluntary aid society
duly authorized to join one of the belligerents. (See OWS, art. £7;
par. 229 herein.)
523. Responsibility as to Individuals
The responsibility of a neutral Power is not engaged by the fact
of persons crossing the frontier separately to offer their services
to one of the belligerents. (II. V, art. 6.)
524. Single Persons and Organized Bodies
a. Individual Persons Crossing the Frontier. The prohibition in
Article 4, //. V (par. 522), is directed against organized bodies which
only require to be armed to become an immediate fighting force.
Neutral States are not required to enact legislation forbidding their
nationals to join the armed forces of the belligerents. Individuals
crossing the frontier singly or in small bands that are unorganized
similarly create no obligation on the neutral State. The foregoing
rules do not, however, permit a State professing to be neutral to send
regularly constituted military units across the frontier in the guise of
"volunteers" or small unorganized bands. '
b. Nationals of Belligerent Not Included. Nationals of a bellig-
erent State are permitted freely to leave neutral territory to join the
armies of their country.
186
Section 111. SUPPLIES AND SERVICES FROM NEUTRAL TERRITORY
525. Neutral Not Bound to Prevent Shipment of Supplies
A neutral Power is not called upon to prevent the export or
transport, on behalf of one or other of the belligerents, of arms,
munitions of war, or, in general, of anything which can be of use
to an army or a fleet. (H. V, art. 7. )
526. Obligations of Neutral Stale as to Supplies
Although a neutral State is not required to prohibit the shipment
by private persons of supplies or munitions of war, the neutral State,
as such, is prohibited from furnishing such supplies Or munitions and
from making loans to a belligerent. It is also forbidden to permit the
use of its territory for the fitting out of hostile expeditions.
527. Commercial Transactions Not Prohibited
Commercial transactions with belligerents by neutral corporations,
companies, citizens, or persons resident in neutral territory are not
prohibited. A belligerent may purchase from such persons supplies,
munitions, or anything that may be of use to an army or fleet, which
can be exported or transported without involving the neutral State.
528. Use of Neutral Territory for Establishment of Radio and Other
Communications Facilities
Belligerents are likewise forbidden:
a. To erect on the territory of a neutral Power a wireless
telegraphy station or any apparatus for the purpose of com-
municating with belligerent forces on land or sea;
6. To use any installation of this kind established by them
before the war on the territory of a neutral Power for purely
military purposes, and which has not been opened for the service
of public messages. (H, V, art. 3.)
529. Means of Communication
A neutral Power is not called upon to forbid or restrict the use
on behalf of the belligerents of telegraph or telephone cables or of
wireless telegraphy apparatus belonging to it or to Companies or
private individuals. (H. V, art. 8.)
530. Impartiality in Allowing Use of Communication Facilities
The liberty of a neutral State, if it so desires, to transmit messages
by means of its telegraph, telephone, cable, radio, or other telecom-
munications facilities does not imply the power so to use them or to
permit their use as to lend assistance to the belligerents on one side
only.
187
531. Impartiality
Every measure of restriction or prohibition taken by a neutral
Power in regard to the matters referred to in Articles VII and
VIII must be impartially applied by it to both belligerents.
A neutral Power must see to the same obligation being observed
by Companies or private individuals owning telegraph or tele-
phone cables or wireless telegraphy apparatus. (H. F, art. 9.)
Section IV. INTERNMENT OF BELLIGERENT FORCES AND TENDING OF
WOUNDED AND SICK IN NEUTRAL TERRITORY
532. Internment
A neutral Power which receives on its territory troops belong'
ing to the belligerent armies shall intern them, as far as possible,
at a distance from the theatre of war.
It may keep them in camps and even confine them in fortresses
or in places set apart for this purpose.
It shall decide whether officers can be left at liberty on giving
their parole not to leave the neutral territory without permission.
(H. V, art. U.)
533. Duty of Neutral State
A neutral is not bound to permit belligerent troops to enter its terri-
tory. On the other hand, it may permit them to do so without violat-
ing its neutrality, but the troops must be interned or confined in places
designated by the neutral. They must be disarmed and appropriate
measures must be taken to prevent their leaving the neutral country.
In those cases in which the States concerned are parties to GP W,
Article 4, paragraph B(2), thereof requires that such persons, pro-
vided they are otherwise entitled to be treated as prisoners of war, are,
as a minimum but subject to certain exceptions, to receive the benefit
of treatment as prisoners of war under GPW (see par. 61).
534. Neutral Can Impose Terms
If troops or soldiers of a belligerent are permitted to seek refuge in
neutral territory, the neutral is authorized to impose the termg upon
which they may do so. In case of large bodies of troops seeking refuge
in neutral territory, these conditions will usually be stipulated in a
convention drawn up by the representatives of the neutral power and
the senior officer of the troops.
535. Parole by Neutral
Officers and men interned in a neutral State may in the discretion of
that State be released on their parole under conditions to be prescribed
by the neutral State. If such persons leave the neutral State in viola-
tion of their parole, the State in whose armed forces they serve is
obliged to return them to the neutral State at its request.
186
536. Disposition of Arms, Vehicles, Equipment, etc.
The munitions, arms, vehicles, equipment, and other supplies which
the interned troops are allowed to bring with them into neutral terri-
tory are likewise detained by the neutral State. They are restored to
the State whose property they are at the termination of the war.
537. Maintenance
In the absence of a special Convention the neutral Power shall
supply the interned with the food, clothing, and relief required
by humanity.
At the conclusion of peace the expenses caused by the intern-
ment shall be made good. (5. V, art. 12.)
538. Prisoners of War
A neutral Power which receives escaped prisoners of war shall
leave them at liberty. If it allows them to remain in its territory
it may assign them a place of residence.
The same rule applies to prisoners of war brought by troops
taking refuge in the territory of a neutral Power. (H. Y } art. 13.)
539. Passage of Sick and Wounded
A neutral Power may authorize the passage over its territory
of wounded or sick belonging to the belligerent armies, on con-
dition that the trains bringing them shall carry neither personnel
or material of war. In such a case, the neutral Power is bound
to take whatever measures of safety and control are necessary
for the purpose.
The wounded or sick brought under these conditions into neu-
tral territory by one of the belligerents, and belonging to the
hostile party, must be guarded by the neutral Power so as to
ensure their not taking part again in the operations of the war.
The same duty shall devolve on the neutral State with regard to
wounded or sick of the other army who may be committed to its
care. (fl. V, art. H.)
540. Passage and Landing of Medical Aircraft
Subject to the provisions of the second paragraph, medical air-
craft of Parties to the conflict may fly over the territory of neutral
Powers, land on it in case of necessity, or use it as a port of call.
They shall give the neutral Powers previous notice of their pas-
sage over the said territory and obey all summons to alight, on
land or water. They will be immune from attack only when flying
on routes, at heights and at times specifically agreed upon between
the Parties to the conflict and the neutral Power concerned.
The neutral Powers may, however, place conditions or restric-
tions on the passage or landing of medical aircraft on their terri-
68452+ 0-63 — 13
189
tory. Such possible conditions or restrictions shall be applied
equally to all Parties to the conflict.
Unless agreed otherwise between the neutral Power and the
Parties to theconflict, the wounded and sick who are disembarked,
with the consent of the local authorities, on neutral territory by
medical aircraft, shall be detained by the neutral Power, where so
required by international law, in such a manner that they cannot
again take part in operations of war. The most of their accommo-
dation and internment shall be borne by the Power on which they
depend. (6?WS, art 87.)
541. Obligations of Neutral State
The neutral power is under no obligation to permit the passage of a
convoy of sick and wounded through its territory, but when such a
convoy is permitted to pass, the neutral must exercise control, must see
that neither personnel nor material other than that necessary for the
care of the sick and wounded is carried, and generally must accord
impartiality of treatment to the belligerents.
542. Internment of Sick and Wounded Passing Through Neiitral State
The sick and wounded of a belligerent may be carried through neu-
tral territory to the territory of the belligerent State. If, however,
they are left in the neutral's territory, they must be interned so as to
insure their not taking part again in the war.
543. Sick and Wounded Prisoners of War Brought Into Neutral State
by Captor
Sick and wounded prisoners of war brought into neutral territory by
the Detaining Power as part of a convoy of evacuation granted right of
passage through neutral territory may not be transported to their own
country or liberated, as are prisoners of war escaping into, or brought
by troops seeking asylum in neutral territory, but must be detained by
the neutral power, subject to the provisions contained in paragraphs
188 through 196.
544. Wounded, Sick, or Shipwrecked Persons in Maritime Warfare
a. Placed on a Neutral Warship or Aircraft.
If wounded, sick or shipwrecked persons are taken on board a
neutral warship or a neutral military aircraft, it shall be ensured,
where so required by international law, that they can take no
further part in operations of war. (GWS sea, art. 15.)
6. Landed in Neutral Potts.
Wounded, sick or shipwrecked persons who are landed in neu-
tral ports with the consent of the local authorities, shall, failing
arrangements to the contrary between the neutral and the bel-
190
ligerent Powers, be so guarded by the neutral Power, where so
required by international law, that the said persons cannot again
take part in operations of war.
The costs of hospital accommodation and internment shall be
borne by the Power on whom the wounded, sick or shipwrecked
persons depend. {GWS sea, art. 17.)
545. Medical Personnel
The medical personnel and chaplains (as defined in GWS, art. 24;
par. 67 herein) belonging to belligerent forces who have sought asylum
under Article 11, H. V (par. 532), may be retained and are required
to be released as prescribed in Articles 28 and 30, GWS (pars. 230
and 231). Medical personnel and materials necessary for the care of
the sick and wounded of a convoy of evacuation, permitted to pass
through neutral territory under Article 14, H. V (par. 539) , may be
permitted to accompany the convoy. Subject to the provisions of
Articles 28 and 30, GWS, the neutral State may retain the necessary
medical personnel and materiel for the care of the sick and wounded
left in its care. Failing this, it must furnish such personnel and
materiel, and the expense thereof must be refunded by the belligerent
concerned not later than at the termination of the war.
546. Accommodation in Neutral Territory of the Wounded, Sick, and
Prisoners of War Who Have Been Long In Captivity
Articles 109 through 117, GPW, authorize parties to the conflict to
conclude arrangements with neutral States for the accommodation of
the seriously wounded and sick and persons who have undergone a
long period of captivity. See paragraphs 188 through 196 for provi-
sions in this regard, including direct repatriation of certain wounded
and sick from the neutral country.
Section V. NEUTRM PERSONS
547. Neutral Persons
The nationals of a State which is not taking part in the war are
considered as neutrals. (H. V, art. 16.)
548. Neutral Persons Resident in Occupied Territory
Neutral persons resident in occupied territory are not entitled to
claim different treatment, in general, from that accorded the other
inhabitants. They must refrain from all participation in the war,
from all hostile acts, and observe strictly the rules of the occupant.
All nationals of neutral powers, whether resident or temporarily vis-
iting an occupied territory, may be punished for offenses committed
by them to the same extent and in the same manner as enemy nationals.
(See GO, art. 4-; par, 247 herein, regarding the protection of neutral
persons.)
191
549. Diplomatic Agents and Consuls in Occupied Territory
Diplomatic agents of neutral States must be treated with all courtesy
and must be permitted such freedom of action as it is possible to allow,
with due regard to the necessities of the war. The same is true of
consular personnel of neutral States, except those who are enemy
nationals.
550. Forfeiture of Rights by Neutral Nationals
a. Treaty Provision.
A neutral cannot avail himself of his neutrality:
a. If he commits hostile acts against a belligerent.
6. If he commits acts in favour of a belligerent, particularly if
he voluntarily enlists in the ranks of the armed force of one of the
parties.
In such a case, the neutral shall not be more severely treated
by the belligerent as against whom he has abandoned his neutral-
ity than a national of the other belligerent State could be for the
same act. (E. V, art. 17. )
b. Offenses in Occupied Territory. Nationals of neutral States,
whether resident in or visiting occupied territory, may be punished
for offenses in the same manner as enemy nationals. They may be
deported or expelled for just cause. In the event that such a person
is arrested, auspicious must be verified by a serious inquiry, and the
arrested neutral person must be given an ppportunity to defend him-
self, and to communicate with the consul of his country if he requests it.
551. Acts Not Favorable to One Belligerent
The following acts shall not be considered as committed in
favour of one belligerent in the sense of Article XVII, letter 6:
a. Supplies furnished or loans made to one of the belligerents,
provided that the person who furnishes the supplies or who makes
the loans lives neither in the territory of the other party nor in
the territory occupied by him, and that the supplies do not come
from these territories;
6. Services rendered in matters of police or civil administration.
(H. V, art. 18.)
Section VI. RAILWAY MATERIAL
552. Railway Material
Railway material coming from the territory of neutral Powers,
whether it be the property of the said Powers or of Companies or
private persons, and recognizable as such, shall not be requisi-
tioned or utilized by a belligerent except where and to the extent
that it is absolutely necessary. It shall be sent back as soon as
possible to the country of origin.
192
A neutral Power may likewise, in case of necessity, retain and
utilize to an equal extent material coming from the territory of
the belligerent Power.
Compensation shall be paid by one party or the other in propor-
tion to the material used, and to the period of usage. (H. V,
art. 19.)
193
APPENDIX
INDEX OF ARTICLES
1949 GENEVA CONVENTIONS
(Italics indicate a paragraph in which the article is quoted)
Article Paragraph Ankle Paragraph
209 37- 540
1 . uVtj
Article
Paragraph
2
8
£0
3.. .
11
21
4
210
22
5
Sll
23
6
eis
24
7,- -
SIS
25
8
16
26
9
17
27
10
18
11 _
19, 495
28
12.
816
29
13
208
30
14, , .
ee
31
15--
816
32
16--
ei?
33
17
sis
34.
18
819
35
19
£20, 225
36
2m 38- - 238
£23 39 239
224 40 £40
,225,545 41. 241
, 225, £26 42 £4£
, 227, 545 43 243
229, 236, 44 £44
555 46 £14
, 231, 545 47 H
68, 226 49 505, 606
231, 545 50 B0£
ess 51 sos
,233,522 52 496
£34 59 5
£35 63 6
236
237
2. GWSSea
Article Paragraph Article Paragraph Article Paragraph
2 8 15.. 644 48 14
3 11 17 544 50 505, We
4.. 209 22 209 51 - 502
8 -. 16 27 209 52 60S
9 -— 17 29 209 53 -- 496
10 18 37 209 58 5
11 19, 495 43 — 209 62 6
3. GPW
Article Paragra ph Article Paragraph Article Paragraph
2 8 6-- 86 12 88
3 11 7 87 13 £0,497
4 60, 61, 64, 8. 16 14 SO
65, 72, 80, 9 17 15 91
208,533 10. _ 18 16 92
5 — 71,72,84 11 19, 495 17 - 93
194
3. GPW— Continued
Article Paragraph Article Paragraph Article Paragraph
18.- 59,94,475 59 135 98 156, 1 74, 158,
19 95 60 1S6 505
20 96 61 1S7 99. 158, * 75, 505
21 97,185 62 138 100 158, J 76, 505
22 $8 63 139 101 158,177,505
23 99 64 140 102 158,178,505
24 100 65 141 103. 158,179,505
25.. 10i 66- 142 104. 156,158,180,
26 10$ 67 US 505
27.. 103 68 1^4 105. 151,158,505
28.- 104 69 145 106 152,158,505
29. 106 70 146 107 156,153,158,
30- 107 71 1^7 505
31. 108 72 148 108 154,158,505
32 109 73. 149 109 188,546,196
33 67 74 150 110 189,546,196
34 110 75 151 111. 190,546,196
35 111 76 152 112 191, 546, 196
36 US 77. 153 113 192, 546, 196
37 - 113 78 15^,156 114 193,546,196
38. - 114 79 155,156 115 154,546,196
39 115 80 156 116 195, 546, 196
40 116 81 156,157 117 196, 546
41 117 82 155,505 118 198
42 118 83 158,159,505 119 200
43.. 119 84 158,160,505 120 201,
44 ISO 85-. 158,161,505 121 202
45 1S1 86 158,165,505 122 SOS
46 les 87 163,158,497, 123 204
47 123 505 124 805
48 1S4 88 164, 158, 505 125 156, 206
49 125 89 158,165,172, 126 S07
50 126 505 127 14, 156
51 1S7 90 158,166,505 129.- 505,506
52.- 128 91 158,167,505 130 BOS
53 1S9 92 158,165,505 131,. BOS
54 ISO 93 158,169,505 132 496
55 131 94 158, 170, 505 134 5
56 132 95 158,171,505 135 5
57 133, 156 96 158, 172, 505 142 6
58 134 97 158, 173, 505
4. GC
Article Paragraph Article
2
8
8
3 ..
11
9
4
73, 236, 247,
10
548
11
5...
12
6
. . 10, 249, 361
13
7
250
14
Paragraph Article Paragraph
251
15
S54
16
16
S55
17
17
44, 256
18
18
45, £57
19, 495
19
45, #55
247, S5S
20.
259
45, S5S
21
860
195
4. GC — Continued
Article Paragraph
22.. 261
23 44, 268
24. 863
25 864
26 865
27 £00, 379
28 867, 379
29 868, 379
30 869, 379
31 870, 379
32.. «7/, 379
33 S7S, 379, 397,
497
34 tfrs, 497, 379
35 26, 874
36.. S75
37.. 876
38 m
39 878
40 879
41 27,550
42. 26, 27, 881
43. 27, 888
44 27, 883
45 27, 884
46.- 555
47 358, 366
48 375, 381
49 555
50 383
51. 370, 4^
52 481
53. 56, 393, 402,
410
54 373, 488
55 384, 413
56.. 385
57 SSff, 414
58 387
59 888
60 SSS
61 390
62 30/
63 398
Article Paragraph
64. 369, 370,434
65 435
66.. 436
67 437
68 72, 248, 438
69 439
70 440
71.. 441
72 448
73 443
74.. 444
75 445
76 440
77 447
78. 433
79 886
80. 887
81 m
82 889
83 890
84
85 898
86 £S3
87 894
88.. 895
89.
90 897
91.. «&S
92 899
93 300
94 #0/
95. 308
96 303
97 304
98 305
99.. S00
100 307
101 305,319
102 309
103 310
104. 3//
105 318
106. 3/3
107 314, 319
Paragraph
108
315, 319
109
316
110
317
111
318
112
319
113
380
114
381
115
388
116
383
117
384
118
385
119
120
387
121
388
122
389
123
380
124
SSI
125
8$8
126
SSS
127
3$4
128
385
129
888
130
337
131
338
132
339
133
<S/0
134
341
135
848
136
848
137
SAL
138
S45
139
346
140
3 47
141
848
142
849
143
144
146
505 ROtt
JUJ, U\J'J
IA7
AT R09
*t 1 , O L/jo
148
503
149
496
154
5
158
6
196
1907 HAGUE CONVENTIONS
H. Ill
Article
1
Paragraph Article Paragraph Article
80 2 81, 5U 3
Paragraph
88, 514
HR
Article Paragraph
22.. SS
23 28, 89, Si,
32, 34, 87,
58, 54, 58
238, 370,
378, 393,
414, 467
24 48, 77
25 39
26 43
27 45
28 47
29 75, 77
/trticie ParafrapA
30 78
31 7S
32. 460
33 46S
34 466
35 471
36 4*0
37 482
38.. ^/t>
39. 487,453
40- 49$
41 494
42 351
Article Paragraph
43- 363, 370, 431
45 S59
46 380,406
47 - 397
48 425, 427
49 428
50 44*
51 — 489
52 — 418
53 234,403,408
54 4//
55 400
56 - 405
H. V
Article Paragraph Article
I 615 7-
2 5/6 8
3. 528 9
4 528, 524 10-
5 5/S 11
6 583, 524 12.
Paragraph
585
529
531
519
538, 545
537
Article
13
14
16
17
18
19
Paragraph
638
539, 545
547
560
551
568
H. IX
Article
5
Paragraph
46
Article
Paragraph
Article
Paragraph
197
INDEX
Paragraph
Page
Abbreviations _
D
iii, 4
Accounts:
on t
1 1 n
119
94, 134-14J
nn El
68, 51
20
Aiding the enemy. _. .
79
33
Aid societies: (see also Red Cross)
rt /-i t±nn
90, 186
92
Personnel protected .
227
90
148-151, 206
30, 57, 81
93
Airborne troops:
Firing on persons descending by parachute
30
17
Prisoner of war status
63
27
Aircraft:
Bombardment
39, 42
19, 20
Medical uses., .. — .
237, 261
94, 104
274-285
108
280-282
110
Confinement - ..
276
108
Control:
Measures of . , . .
280, 281
no
283
in
Employment: (see also Labor under Internees; Prisoners
279
109
.'. 25, 26
16
Expulsion
27
16
Extradition . _ .
284
111
Humane treatment: (see also Internees — humane
treat-
ment)
248, 277
99, 108
280-282
110
277-285
108
280
110
Religious freedom
277
108
Restrictions other than internment:
Duration and termination -
278, 285
109, 112
Rights:
Exit from territory. 274, 275 108
Means of existence guaranteed _ 278 109
Protected rights of action in occupied territory 372 143
Wartime rights 277 108
Security measures 248, 26G, 278-282 99, 106,
109
T98
.Purfljrai* Page
Status in territory of party to conflict 274 108
Transfer to another Power __ 284 111
Women, special mention (see also Civilians; Internees) 277 108
American National Red Cross (See Red Cross.)
Annexation (see Occupied territory) 358 140
Armed forces:
Consist of combatants and noncombatants.. 62 27
Qualifications for recognition as lawful 62 27
Armistice 479-494 172
Activities authorized and prohibited during 480, 489, 494 172,
174, 175
Commencement .. 487,491 173, 175
Defined 479, 483, 484 172
Denunciation 492-494 175
Duration 480,487 172,173
Effect 480, 481 172
Form... .,. 486,487 173
General armistice; defined... 1 482, 483, 488 172, 174
Hostilities:
Cessation 487, 490, 491 173, 175
Resumption 492, 493 175
Inhabitants, effect . 487 173
Intercourse in theater of operations 489 174
Lines 487 173
Local armistice; defined 482,484 172
For search of battlefield 485 173
Notification 490, 491 175
Perfidy prohibited. _ 50,493 22,175
Prisoners of war:
Effect 487 173
Repatriation 487 173
Prohibited acts 487,493 173,175
Purpose 480, 483, 484, 485 172, 173
Search of battlefield during 485 173
Stipulations 487,488 173,174
Supervision __! 487 173
Suspension of arms 485 173
Termination ... 487,492 173, 175
Types _ 482-485 172
Vigilance not to be relaxed 481 172
Violations:
Effects 492-494 175
Individuals, violations 494 175
Perfidy 493 175
Arms (See Weapons.)
Army of occupation (See Occupied territory.)
Art, buildings devoted to, protection 45,46,57,405 21,24,152
Assassination and outlawry 31 17
Assaults, bombardments, and sieges (See Bombardments,
assaults, and sieges.)
Assigned residence 433 158
Asylum:
Neutral territory, refuge in 534 188
Prisoner of war 199 77
199
Paragraph Past
Atomic weapons (See Weapons.)
Attaches Of neutral country S3, 456, 549 34,
166, 192
Bacteriological warfare (see also Weapons) 38 18
Basic rules and principles of land warfare 1-14 3
Belligerents: (see also Hostilities).
Agreements :
Armistice (See Armistice.)
Capitulation 470-478 169
Cartels. - 469 169
Armed forces of, who may generally comprise 62 27
Commencement of hostilities (See Hostilities — commence-
ment).
Communications:
Methods 452,458 165,167
Neutral territory, communications 528, 530 187
Parlementaires. 458-460 167
Good faith. 453 165
Intercourse or negotiations between 449-453 165
Allowed only upon approval of government or highest
military authority 450 165
Neutral diplomats may receive safe-conducts 456 166
Parlementaires (See Parlementaires.)
Rules for, generally 449, 450 165
White flag, rules relating to (See White flag.)
Neutrals, relations with: (see also Neutral Powers)
Belligerent acts committed by neutral persons 550, 551 192
Belligerents in neutral territory 532-534 188
Equipment of belligerents, disposition by neutrals of 536 189
railroad equipment in neutral territory 552 192
Internment of belligerents by neutrals- -- 532,533,537 188, 189
Parole of belligerents 535 188
Nonhostile agreements (See Armistice; Capitulations;
Cartels; Suspension of arms; Surrender.)
Nonhostile relations: (see also Armistices; Capitulation ;
Cartels; Surrender; Suspension of arms) 449-494 165
Communications in general 452 165
Communications in neutral areas 468 169
Flags of truce 467 168
Forms of nonhostile relations 451 165
Good faith. 453 165
Parlementaires (See Parlementaires.)
Passports, military 454, 455 165, 166
Safe conduct 454, 456 165, 166
Safeguards 457 166
Nonintercourse between.. 449, 450, 489 165, 174
Notification to neutrals (see also Protecting Powers — ■
notification) 21 15
Recognition as, qualifications 60-71 25
Besieged places 44 20
Buildings and areas protected 45, 46 21
Communication 44 20
Entry and exit 44 20
Inhabitants, treatment of (see also Wounded and sick) 44 20
200
Paragraph Past
Besieged places — Continued
Neutral diplomats 44 20
Pillage forbidden 47 21
Bombardment, assaults and sieges 39-47 19
Aerial bombardment 42 20
Assaults and sieges 39-47 19
Buildings and areas protected 39,45,46 19,21
Identification thereof 46 21
Undefended places 39 19
Warning required 43 20
Booty of war (see also Pillage) 47, 58, 59, 396 21, 24, 150
Buildings and monuments to be spared from bombardment-- 45, 46 21
Bullets (See Weapons.)
Bureau of Information for prisoners of war (.See Prisoners of
war.)
Burial (See Dead.)
Cables, submarine (See Submarine cables.)
Camp followers, treatment as prisoners of war (See Prisoners
of war.)
Camps and depots (See Prisoners of war — camps.)
Canteens, prisoners of war (See Prisoners of war — Canteens.)
Capitulation 470-478 169
Commanders, legal power to make 472 169
Defined 470 169
Destruction of property after signing 476 171
Forms 474, 475 170
Matters covered 475 170
Methods 474 170
Military honor -- 471 169
Observance. . -. 471 169
Political authorities, power 473 170
Violation... 477 171
Captives (See Prisoners of war.)
Captivity (See Prisoners of war — captivity.)
Cartels... ... 197,469 76,169
Censorship:
Internees correspondence 319 126
Occupied territory 377 144
Prisoners of war correspondence 152 59
Central Prisoners of War Information Agency 204 80
Cessation of arms (See Armistice; Suspension of Arms.)
Chaplains:
Prisoner of war, not to be considered as 67, 112 28, 44
Protection 225,230 89,90
Retention. 111, 230, 232 44, 90, 92
Rights and duties, with respect to prisoners of war 111 44
Weapons, right to carry 223 88
Charity, protection of buildings devoted to (see also Aid
Societies; Red Cross) 45, 46, 405 21, 152
Chemicals, use (See Weapons.).. 38 18
Children:
Aliens, rights. 277 108
Besieged areas, evacuation 256 102
Identification discs 263 105
201
Paragraph Past
Children — Conti nued
Occupied areas, rights 383 145
Orphans 263,383 105,145
Safety zones, protection 253 101
Welfare--. 262,263 104,105
Churches, protection. 45, 46, 405 21, 152
Civil Affairs Administration 354, 368 139, 142
Civil capacity of prisoners of war (See Prisoners of war) 90 36
Civil War. 11 9
Civilians (see also Aliens; Internees; Protected persons; occu-
pied territory) - 246-350 98
^Application of conventions 246, 252 98, 100
Assigned residence 280-282 110
Children 263 105
Civil capacity as internees 287 1 12
Coercion prohibited 270 107
Collective punishment prohibited 272 107
Confinement (see Internees.)
Correspondence permitted (see also Censorship) 264, 265 105, 106
^Discriminations prohibited 252 100
Dispersed families. _ 265 106
^Employment (see also Aliens) 278 109
Enemy:
Aiding 79 33
Status 25 16
Evacuation of wounded and sick (See Wounded and sick.)
Free passage of medical and religious supplies 262 104
Guides, impression 270 107
Hospitals (see also Medical personnel; Medical units) 253, 101,
257-259, 385, 386 102, 146
Hostages 273 107
Hostile acts.. .. 248 99
^-Humane treatment 266, 271 106-107
Information bureaus (see Information Bureaus).
Internees (see Internees).
^Internment 286,290 112,113
Interrogation, coercion prohibited 270 107
Medical personnel, civilian 236, 259 93, 103
Medical supplies, food and clothing 362 141
Neutralized zones, protection 254 101
Pillage prohibited 272 107
Prisoner of war, status. 61, 64, 65, 73 25,
27, 28, 31
Prohibited acts toward 266, 271 106, 107
\Protected persons, status (see also Protected persons) . . 247. 252 98, 100
Protecting power, relations 269 107
^Protection... 252,266 100,106
Duration 249 99
Responsibility 268 106
Punishment.. 248 99
Re-establishment _ 249 99
Relief Organizations (see also Aid Societies; Red Cross) 269 107
Relief shipments 388-391 147
Renunciation of rights prohibited 251 100
Repatriation .. 274,275 108
202
Parafraph Paffi
Civilians — Continued
Reprisals prohibited „ 272 107
^Rights 266 106
Derogations 248 99
Exit from territory involved in conflict 274, 275 108
Safety zones 253 101
Security measures by occupying power or state 248 99
Special agreements with regard to 250 100
Torture and corporal punishment, prohibited 271 107
Treatment, responsibility 268 106
Use to immunize certain places, prohibited 267 .106
Women, special mention (see also Aliens; Occupied terri-
tory) 253, 256, 262, 266 101, 102,
104, 106
Wounded and sick 255 102
Evacuation _ 256 102
Medical supplies 262 104
Protection generally 255 102
Transportation 260,261 104
Treatment 219 87
Clothing: (See Internees; Prisoners of war, etc.).
Coastal rescue craft 209 83
Coercion prohibited (see Civilians; Internees; Prisoners of war,
etc.).
Collective punishment prohibited (see Civilians; Internees;
Prisoners of war; occupied territory).
Combatants, status as prisoners of war 62 27
Commanders : (see also Officers) .
Neutrality, must respect - 513 184
Power to capitulate 472 1 69
Prisoner of war, status -- 61 25
War crimes, responsibility with respect to 501, 507, 509 178, 182
Commandos, status as prisoners of war 63 27
Commerce:
Neutrals, transactions of private persons. 525-527 187
Non-intercourse - 449,450 165
Occuped territory 376 144
Relations between neutrals and belligerents 527 187
Communications:
Between :
Belligerents 452,487 165,173
Besieged and outside areas... 44 20
During Armistice - — 377, 487 144, 173
Means:
In neutral territory 528-531 187
Use of the white flag. 458, 460, 467, 504 167, 168,
ISO
Complaints of:
Internees- 308 121
Prisoners of war 154 60
Conciliation procedures . 19 14
Confinement. (See Internees; Occupied territory; Prisoners of
war.)
Confiscation of enemy property prohibited 406 152
203
Paragraph Past
Constitutional provisions relative to declaration of war 24 16
Contributions in occupied territory 428,429 157
Convoys:
Munitions through neutral territory... 516-518 185
Wounded and sick through neutral territory 539-544 189
Correspondence. (See Civilians; Internees; Prisoners of war.)
Courts: (see also Courts-martial; Military commissions)
In occupied territory 373,436 143,159
Prisoners of war.. 71, 160, 176, 178 30, 62, 68
Provost courts, jurisdiction 13 10
War crimes courts 505 180
Courts-martial 13 10
Crimes:
Against humanity 498 178
Against laws of war or "war crimes" 498, 499, 502, 504 178, 179,
180
Against peace 498 178
Under international law . 498-504 178
Cruelty, types prohibited. (See Prohibited acts.)
Cultural buildings and property 45, 46, 57, 405 21, 24, 152
Customary laws of war 4, 6, 7, 8, 9, 1 1 4, 6, 7, 8, 9
Danger zones 267 106
Dead:
Burials 201, 218, 337 78, 86, 132
Cremation 201, 218, 337 78, 86, 132
Death certificates 201, 218, 336 78, 86, 131
Examination of bodies 20 1 , 2 1 8 78, 86
Graves 201, 218, 337 78, 86, 132
Graves registration service 201, 218 78, 86
Identification tags 218 86
Information with respect 201, 202, 336, 337 78, 79,
131, 132
Inquiry 202,338 79,132
Internees 336-338 131
Personal effects, disposition 201,336 78,131
Prisoners of war 201,202 78,79
Robbery and ill-treatment, protected from 218 86
Search of battlefield 216, 485 85, 173
Security measures 248, 266 99, 106
Treatment of bodies.. 202,218,336 79,86, 131
Wills. 201,320,336 78,126,
131
Death penalty. (See Internees; Prisoners of war; Occupied
territory.)
Deception, . (See Ruses of war!)
Declarations of war:
Constitutional provisions 24 16
Effect 23 15
Necessity 9, 20, 24 8, 15, 16
Notification to neutrals 21 15
Defended place, defined 40 19
Deployment of prisoners of war. (See Prisoners of war.)
204
Paragraph Page
Deserters:
Captured 70 30
Enemy soldiers, inducing to desertion 49 22
Destruction of property. (See Property. See also Devasta-
tion.)
Detaining Power. (See Prisoners of war — Detaining Power.)
Devastation:
In occupied areas, restricted 410,411 153
Wanton, prohibited 41, 56, 58 19, 23, 24
Diplomatic agents:
Enemy, may be made prisoners of war — 70 30
Neutrals:
Accompanying army 83 34
In besieged places 44 20
In occupied territory.. 456, 549 166, 192
Safe conducts 456 166
Discipline. (See Internees; Prisoners of war.)
Discrimination. (See Civilians', Internees; Prisoners of war, etc.)
Dispersed families 265 106
Dissemination of the 1949 Geneva Conventions 14 11
Education, internees 301 117
Emblem. (See Red Cross — emblem.)
Enemy:
Aliens, effect of hostilities on. (See Aliens.)
Flags, misuse of, forbidden 64 23
Forced partition in hostilities, forbidden. 32 17
Insignia, misuse forbidden 54 23
Officials, neutrals, status as POW's 83 34
Population, status 60, 247 25, 98
Property. (See Property.)
Territory. (See Occupied territory.)
Uniform, misuse forbidden 54 23
Escape:
Internees — . 327,328 128
Prisoner of war 167,168 65
Espionage, sabotage and treason:
Aiding the enemy... 79 33
Espionage (Spies):
Civilians committing.. 76,248 32,99
Definitions.. 75,76 31,32
Immunity upon rejoining own forces 78 33
Lawful to use - 49, 77 22, 33
Prisoner of war, status 81 34
Protected persons 248 99
Punishment. 78,248 33,99
Trial 75,78,248 31,33,99
Use 49,77 22,33
Sabotage:
Prisoner of war, status of saboteurs 81 34
Protected persons, status of saboteurs 248 99
Punishment 82, 248 34, 99
Spies (See this title — Espionage, above)
Treason. 79 33
Evacuation of prisoners of war 95, 96, 543 39, 190
684524 0-63 — 14
205
PflrafwpA Page
Executions, summary, prohibited 85, 177 35, 68
Expulsion of enemy nationals 27 16
Finances:
Currency in occupied territory 430 157
Prisoners of war (see also Prisoners of war) :
Adjustments between parties to the conflict . 143 55
Financial resources 134-144 51
Repatriation costs 195 75
Flags:
Proper and improper use 52, 54 23
Red Cross emblem (See Red Cross emblem.)
Truce flag, misuse - 53, 467, 504 23, 168,
180
Food:
Free passage for certain purposes 262, 388 104, 147
Internees — - --- 296 115
Occupied territories. 383,384, 145,146,
388,412 147,153
Prisoners of war 102, 105 41, 42
Forbidden conduct (See Prohibited acts):
Gains, private, by officers and soldiers in occupied territory 398 150
Gases and chemicals, use 38 18
Geneva Conventions of 1929 5 4
Geneva Conventions of 1949 5 4
Articles cited (See Index of 1949 Geneva Convention
Articles.)
Dissemination of Conventions 14 11
Grave breaches - 502,503,506 179,181
Interpretation... 19 14
Protection of Civilian Persons Convention (See Civilians.)
Reservations by United States 245 97
Treatment of Prisoners of War Convention (See Prisoners
of War.)
Violation 496, 502, 503 176, 179
Wounded and Sick Convention (See Wounded and Sick.)
Wounded, sick and shipwrecked Convention (See Wounded
and Sick — shipwrecked.)
Geneva Cross (See Red Cross) 49 22
Good faith with enemy 49, 453 22, 165
Government, military (See Military government.)
Government officials (See Officials under occupied territory,
war crimes; See also officer.)
Grave breaches of the Geneva Conventions (See Geneva Con-
ventions — grave breaches.)
Graves registration service (See Dead.)
Grenades, use authorized -- 34 18
Guerrillas:
Prisoner of war status 80 34
Protection 248 99
Guides, impression of enemy nationals forbidden 270 107
Hague Conventions, United States as a party to (see also Index
of Hague Convention Articles) S 4
206
Paragraph Poet
Hospitals (See Medical units; see also Medical personnel,
medical stores and supplies).
Hospital ships (see also Medical units) 209,260,544 83,104,190
Hospital zones .. 224, 253 89, 101
Hostages, use as means of reprisals prohibited 11, 273, 497 9, 107, 177
Hostile acts (See Hostilities; prohibited acts.)
Hostilities 1 20-59 15
Belligerents (See Belligerents.)
Cessation (See Capitulation; Cartels; Armistice.)
Commencement 20-27 15
Agreements of belligerents on money to be retained by
prisoners.- - 134 51
Appoint mixed medical commissions 191 74
Constitutional provisions 24 16
Declaration of war required 20, 24 15, 16
Effect on enemy nationals --- 25-27, 32 16, 17
Establishment of information bureaus --- 203,343-350 79,134
Exchange of titles and ranks 119 46
Hague Convention, date to be effective between parties.. 22, 23 15
Notification to:
Neutrals 21 15
Protecting Powers (See Protecting Powers.)
Organization of Graves Registration Service 218 86
Conduct of: (see also Prohibited acts; Weapons)
Aerial bombardment 42 20
Arms, etc., causing unnecessary injury (See Weapons.)
Assassination and outlawry forbidden (See Prohibited
acts.)
Assaults (See Bombardment, assaults and sieges.)
Atomic weapons (See Weapons.)
Attack restricted to defended places (See Prohibited
acts.)
Bacteriological warfare (See Weapons.)
Basic principles 1-14 3
Battlefield, search 216 85
Bombardments, assaults, and sieges (See Bombard-
ment assaults and sieges.)
Bullets, use of certain kinds forbidden (See Weapons.)
Compelling nationals to fight against own country 32 17
Confiscation of private property (See Property.)
Contamination of water sources (See Prohibited acts.)
Cruelty prohibited (See Prohibited acts.)
Dead (See Dead.)
Deception.. 50-55 22
Defended place defined -- 33, 34, 40 17, 18, 19
Destruction of property (See Devastation.)
Destruction of life or limb permitted 41 19
Drying or diverting water sources authorized 37 18
Enemy nationals not to be compelled to take part
against own country 32 17
Enemy territory (See Occupied territory.)
Executions, summary, forbidden (See Prohibited acts.)
Flags, misuse of forbidden (See Prohibited acts.)
Forbidden conduct (See Prohibited acts.)
207
Paragraph Pact
Commencement — Continued
Conduct of — Continued
Gases and chemicals, use 38 18
Good faith must be observed 49, 453 22, 165
Grenades, authorized (See Weapons.)
Information, coercion prohibited 93, 270 37, 107
Injuring enemy, means limited (See Prohibited acts.)
Insignia, enemy, misuse forbidden (See Prohibited
acts.)
Killing or wounding captives forbidden (See Pro-
hibited acts.)
Military necessity _ 3 3
Offenders against the laws of war, treatment of (See
War crimes.)
Parachutes, firing on persons descending 30 17
Perfidy, prohibited (See Prohibited acts.)
Pillage of towns and places forbidden (See Prohibited
acts.)
Quarters, refusal of (See Prohibited acts.)
Requisition of supplies (See Requisitions.)
Surrender, injuries after (See Prohibited acts.)
Termination, effects of (See also Armistice; Capitula-
tion; Suspension of arms; Surrender) 10, 470 8,169
United Nations Charter, applicability 23 15
Humane treatment (See Aliens; Civilians; Internees; Prisoners
of war; Wounded and sick.)
Humanity, principles of, defined (see also Crimes against human-
ity) 6 6
Hygiene (See Internees; Occupied territory; Prisoners of war.)
Identification cards, discs, etc. (See Children; Civilians; Dead;
Internees; Prisoners of war; Medical personnel, etc.)
Inducing enemy soldiers to desert » 49 22
Information, coercion prohibited- 93, 270 37, 107
Information Bureau: (see also Aid Societies; Red Cross) 203-207, 79,134
343-350
Central Information Agency 204,347 80, 135
Exemption from postal charges 205, 348 81, 136
National Bureau _ 203, 343 79,134
Inhabitants of occupied territory (See Occupied territory —
rights, etc., of inhabitants.)
Injuries after surrender 29 17
Insignia:
Improper use 52, 55 23
Proper use 54 23
Intercourse between belligerents (See Belligerents — intercourse
or negotiations between.)
International Committee of the Red Cross (See Red Cross.)
International Law:
Crimes under 498-504 178
Customary law. i 4, 6-9, 11 4, 6, 8, 9
Geneva Conventions (see also Geneva Conventions) 502, 503 179
Jurisdiction 502, 503 179
National law 7, 511 6, 183
208
Paragraph Putt
International Law — Continued
Punishments 508 182
Responsibility of nations for punishment 506 181
Treaty law, force __ 7 6
Trials _ 505 180
Violations (see also War crimes) 498, 507 178, 182
War crimes (See War crimes.)
Internees:
Accommodations: (see also this title — Camps, And see 286-342 112
Internment.)
Generally 289-292 113
In neutral countries 339 133
Accounts 305 119
Air raid shelters 295 115
Allowances 305 119
Burial and cremation 337 132
Camps:
Administration.. 306 120
Geneva Conventions to be posted 306 120
Inspection _ 350 136
Location 290 113
Regulations, orders, etc., to be posted 306 120
Canteens 294 114
Censorship... 308, 319 121, 126
Central Information Agencies 347 135
Civil capacity 287 112
Clothing 297 115
Coercion _ 270 107
Collective punishment prohibited 272 107
Collective relief shipments (see this title — Relief shipments.)
Compensation _ 302 118
Complaints -. 308 121
Confinement 329, 333 129, 130
Correspondence... 313,314,318-320,332 123,^
130
Censorship (see this title — Censorship.)
Court proceedings 322, 325, 328, 330-333 127, 128,
129
Death -. 336-338 131
Death certificates 336 131
Discipline:
Disciplinary punishment 326-332 128
Generally 307 121
Discrimination 266 106
Education 301 117
Employment of (see this title — Labor.)
Escape, effect on other offenses -. 327, 328 128
Families 289 113
Financial allowances 305 119
Food rations 296 115
Graves registration 337 132
Groupings for housing purposes 289 113
Hazards of war, protection 295 115
Humane treatment. 266,307,334 106,121,
130
209
Paragraph Past
Internees — Continued
Hygiene and health 292 113
Identification and identity cards 304,313,337, 345 119,123,
132, 135
Imprisonment. 325,326,329,331,332 127,128,
129, 130
Information Bureaus 343-349 134
Inspection of interment facilities 350 136
Intellectual pursuits 301 117
Internee committees 308-311 121
Internment (tee this title — Accommodations.)
Internment cards 313 123
Investigations:
Death or injury 338 132
Inspection of camp 350 136
Offenses of internees 329 129
Judicial proceedings (see this title — Court Proceedings.)
Killed or injured; special circumstances 338 132
Labor:
Conditions 302 118
Labor detachments - 303 119
Laws applicable 324 127
Lawsuits against . 322 127
Legal aid 320, 322 126, 127
Legal documents 320,336 126,131
Maintenance. 288 112
Medical examinations and care.. 298, 299 116
Moneys 304,305 119
Notifications by Detaining Power 312, 336, 338, 343 122, 131.
132, 134
Offenses:
Generally — 324,327,328 127,128
Investigation 329 129
Punishment (see this title — Punishments.)
Penal and disciplinary sanctions (See this title — Punish-
ment.)
Personal effects 304, 346 119, 135
Petition, right 308 121
Postal exemptions 317 124
Prisoners of war, separation from 291 1 13
Property, personal (see also this title — Money):
Forwarding of personal property. 346 135
Management 321 126
Personal effects 304 119
Transfers 335 131
Protecting Powers:
Complaints 308 121
Notification 312,336,338 122,131,
132
Supervision 350 136
Visitations 350 136
Protection 295 115
210
Internees — Continued PwaffrapA
Punishment:
Basis 331
Disciplinary 324-333
General provisions 324
Penalties prescribed 325
Procedures for imposing 330-333
Prohibited punishment 271,272
Safeguards... 331,332
Recreation 301
Release _ 339-342
Relief . 315
Collective relief 316
Exemption from fees and duties 317
Relief shipments 315, 318, 349
Relief societies 349
Religious freedoms.. 293, 300
Repatriation 339-341
Costs. 342
Representatives of (see also this title — Protecting Pow-
ers) 308-311
Residence, return 341, 342
Rights:
Generally 266, 291, 307, 334
During punishment 331, 332
Sanitation measures 292
Transfers:
Conditions . 334
Methods 335
Visitors and visits (see also this title — Protecting Powers).. 323
Wills 320,336
Women 288, 289, 292, 296, 298, 304, 331
Internment: {see also Assigned residence)
Areas... 98,290
Civilian 286
Prisoners Of war „ 97-1 00
Interrogation:
Civilians, use of force prohibited 270
Prisoners of war 93
Invasion, occupation distinguished from 352
Invested areas, inhabitants 44
Jurisdiction:
Military jurisdiction, defined 13, 505, 507
War crimes, jurisdiction Over 505, 507
Killing Or wounding:
After surrender 85
Limitations on means 33, 34, 41
Parlementaries, accidental Or Otherwise 461
fati
129
127
127
127
, 129
107
129, 130
117
133
123
124
124
123, 125,
136
136
114, 116
133
133
121
133
106, 113,
121, 130
129, 130
113
130
131
127
126, 131
112, 113 f
115, 116,
119, 129
39, 113
112
39
107
37
138
20
.10, 180,
182
180, 182
35
17, 18, 19
167
211
Paregrapli
Labor (See Labor under Aliens; Internees; Prisoners of war;
Occupied territory.)
Land warfare (See Hostilities.)
Laws of war:
7_i n
6
Basic rules and principles —
1-14
3
3
3
Civil war, applicability . .
11
Custonlary laws
4, 6-9, 11
4, 6, 8, 9
Declaration of war unnecessary to make applicable.. 9
8
15-19, 495-511
12, 176
Force(
7
6
Interpretation of 1949 Geneva Conventions relating to.. 19
14
13, 505, 507
10, 180,
182
183
Protecting Powers, role with regard to.
15-19
12
2
3
4
4
10
8
Treaties .
4, 5, 7
4,6
Unwritten rules (pee this title— Customary laws.)
Violations (tee also Prohibited acts; War crimes)
495-511
176
Legal documents (tee under Internees; Prisoners of -ar)
Levee En Masse:
Defined
61,65,72
25, 28, 41
65
28
354
139
47, 272, 397
21, 107,
150
Mail (See Correspondence under civilians; Internees;
Prisoners
of war, etc.) (see also Censorship; Information bureaus)
Manual, purpose .
1
3
Martial law :
12
10
Distinguished from military government
12
10
191, 192
74
Medical examinations (see under Internees; Prisoners of war)
Medical personnel: (see also Wounded and sick; Bed Cross)
259
103
55, 238, 240, 259 23, 95, 103
229, 233, 545 90, 92, 191
67, 68, 230
28, 29, 90
Protection 223, 225, 226, 236
88, 89, 93
67, 68, 230-232
28, 29, 90
231-233
91
Security measures
231
91
Weapons, right to carry , ...
223
88
Medical stores and supplies: (see also Medical units)
262
104
Occupied territories, use
384, 413
146, 154
234
93
386, 413-416
146, 154
2T2
Parafrapk Pace
Medical units: (Including hospitals and mobile units.) (see also
Medical commissions)
Aircraft, use 237, 261, 540 94, 104,
189
Building, mobile units and stores, protection 220-223, 87, 93,
234, 253, 257-258, 260, 261 101, 102,
104
Civilian hospitals 257, 258, 385, 386 102, 140
Defense of, protective status not thereby denied 223 88
Emblem of protection 55, 242-245, 248, 257 23, 90,
99, 102
Hospital ships 209, 260, 544 83, 104,
190
Hospital zones 224,253 89,101
Hospitals (see this title — Buildings, etc.)
Location 220, 253 87,101
Neutral territory, passage of units through 539, 540, 541 189, 11)0
Neutral units and the use of national flag 229,243 90,90
Occu pied territory 257, 258, 386, 4 1 4, 4 1 5 1 02, 1 4 G,
154
Protection of (see this title — Buildings, etc.)
Requisition of hospitals and other units . 386, 414-416 146, 1 54
Termination of protection 222 88
Transportation units 236 93
Utilization _. 222, 223 88
Weapons employed in connection with. _ 223 88
Military attaches of neutral country. 83, 457, 549 34, 10G,
192
Military commissions 13,505 10,180
Military government: (see also Occupied territory)
Authority 367 142
Courts, suspension 373 143
Definition — 362,368 141,142
Distinguished from martial law 12 10
Financing.. 364 141
Functions 363,367 141,142
Laws to be applied. 369-372 1 42
Necessity 362 141
Puppet governments 366 141
Rights protected 365 141
Military jurisdiction... _ 13,505,507 10,180,
182
Military necessity 3 3
Military occupation (See Occupied territory.)
Military passports (See Passport, military.)
Militia:
Definition 64 27
Prisoner of war status 61,64,74 25,27,31
Mixed medical commissions (See Medical commissions.)
Money:
Internees 304,305 119
Occupied territory, use of (see also Taxation) 430 157
Prisoners of war (See Prisoners of war — finances.)
Monuments, protection 57,405 24,152
213
Paratrapk
Page
Munitions:
Neutral territories:
Convoys.,
516-518
185
Purchases
527
187
Shipments „
517, 518, 525-527
185, 187
Occupied territory:
Seizure authorized.
401,403
151
57,405
24, 152
National Red Cross (See Red Cross.)
Neutral Aid Societies (See Aid Societies.)
Neutral commerce, shipment of supplies for belligerents 51&-518,
185, 187
525-527
Neutral countries (See Neutral Powers; neutral territory.)
Neutral persons
547-551
191
Belligerent acts .. 519, 523, 524, 550, 551
185, 186,
192
Commerce with belligerents..
525-527
187
547
191
Diplomatic personnel
S3 456, 549
34, 166,
192
Export of arms
525-527
187
Forfeiture of neutrality
550
192
Hostile acts
550
192
Medical personnel, security measures
229, 233, 545
90, 92, 191
Ocpunipd fcprrit.nrv
Dinlnmat.ip nprfSOnnpl T^inlnmAtiC
nPFROn nftl
Offenses committed
550
192
Status _, _ .. _
548
191
Protected persons status
247
98
Rifrhts fnrfpit.nrft
550
192
Nputral Powprs*
534, 545
188, 191
Belligerents, relations with:
Commercial shipment
516-518, 525-527
185, 187
Communication facilities, belligerents' use
528-531
187
S3, 456, 549
34, 166,
192
Equipment of belligerents, disposition
536,552
189, 192
Export controls, impartiality
525-527
187
Force, use to enforce neutrality
519
185
532, 535, 537
188, 189
243, 540, 545
96,189,191
191, 185
Movement of troops and supplies
517,518
185
Parole of belligerents
535
188
Treatment of belligerents
532, 533, 537
188, 189
Neutral territory (See Neutral territory.)
Neutrality (See Neutrality.)
Notification as to:
514
184
21, 514
15, 184
Prisoners of war, duties concerning (See Prisoners of war.)
Protecting Power, role as (See Protecting Powers.)
214
Paragraph Page
Neutral Powers — Continued
Responsibilities 526 187
Shipwrecked belligerents, detention 523, 544 186, 190
Troop movements 516, 518 185
Violations of neutrality 519,520 185
Weapons:
Belligerents' weapons, disposition » 536 189
Transport or export 516-518,525-527 1 85, 1 87
Wounded .and sick, duties toward (See Wounded and sick.)
Neutral territory, (see alto Neutral Powers.)
Asylum. .. 532, 534, 545 188, 191
Belligerents in (tee alto under Neutral Powers) . .526, 532-535, 549 1 87, 1 88,
192
Communication facilities, use 528-531 187
Evacuation of prisoners of war 543 190
Inviolability- 515 185
Medical aircraft 540 189
Medical personnel 545 191
Movements of troops and supplies through 516, 517 185
Prisoners of war, escapees 538 189
Radio stations, etc., forbidden 528-531 187
Railroad equipment ~ 552 192
Recruitment of troops prohibited 522 186
Restrictions on territory 518 185
Sale of supplies to belligerents 525-527 187
Wounded and sick:
Internment and passage . 539-544 189
Neutrality: (tee alto Neutral persons; Neutral Powers; Neut-
ral territory.) 512-552 184
Definition 512 184
Enforcement 519,520 185
Forfeiture.-^... 550 192
Notification _ 514 184
United Nations Charter, effect 513 184
Violations:
Defined 521 186
Failure to prevent, effect of 520 185
Individuals 523,524 186
Prevention _. ._ 519,520 185
Punishment - 521 186
Resistance 519 185
Neutralized zones, creation 254 101
Newspaper reporters, captured status 61 25
Newspapers in Occupied Territory (See Occupied territory —
newspapers.)
Non-belligerent powers (see also Neutral Powers). 512, 513 184
Noncombatants:
Besieged places 44 20
Prisoner of war status ". 62 27
Nonhostile agreements (See Armistices; Capitulations; Cartels;
Suspension of arms; Surrender).
Nonhostile relations of belligerents (See Belligerents — non-
hostile relations.) 449-494 165
Nonintercourse 449,450 165
Notification to neutrals («ee also Protecting Powers) 21 15
215
iVofrapA Page
Oath of allegiance to occupying power 359 140
Occupation (see also Occupied territory) 351-448 138
Annexation during 358, 359, 365 140, 141
Civil Affairs administration distinguished 354 139
Definition - - 351 138
Duration - 352 138
Effectiveness 356, 360 139, 140
Government, nature 368 142
Invasion, distinguished from 352 138
Proclamation 357 140
Question of fact. 355 139
Sovereignty not transferred.. 353, 358 138, 140
Subjugation or conquest, distinctions 353 138
Termination... 361 140
Occupational accidents (See Labor under internees; prisoners of
war; Occupied territory.)
Occupied territory: (see also Civilians; Internees; neutral
persons)-., 351-448 138
Administration „ 362-378 141
Annexation 358,359,365 140,141
Assigned residence 433 158
Billeting of occupation army, authorized 379 144
Censorship of press and mail 2.- 377 144
Charitable property (See Property — religious, charitable,
and cultural.)
Children . 262,263,383 104,105,
145
Civil Affairs Administration, distinguished 354 139
Civil or military Government 368 142
Coercion of inhabitants to obtain information, prohibited. 270 107
Collective punishment (see this title — Penal Law),
Commercial intercourse, restrictions allowed 376 144
Commercial transactions, military personnel (see below,
under Private gain of.)
Confinement: (see also Assigned residence; Internment).
Place .- 446 163
Pretrial - - 439 160
Treatment during... 446,447 163
Contributions: (see also this title — Taxes.)
Method of lev-y or collection 429 157
Purpose 428 157
Control of inhabitants 432, 433 1 58
Costs of occupation (see also Contributions; Taxes.) 364 141
Courts (see this title— Penal law) 372, 373, 436, 437 143, 159
Crimes (see this title — Penal law.)
Criminal procedure (see this title — Penal law.)
Currency and exchange controls 430 157
Death penalty (see this title — Penal law.)
Defenses at trials (see this title — Trials.)
Definition 351-356 138
Detainees, treatment (see this title — Confinement, above) . . 446 163
Deportations 382 144
Devastation 410, 411 153
Diplomatic personnel 83,457,549 34,166,
192
216
Pvagnfi Foot
Occupied territory — Continued
Evacuations 382 144
Food and clothing:
Generally - - 384,388,413 146,147,
164
Requisition _ 413,416 154
Freedom of movement 375 143
Government: (see also this title — Administration.)
Civil 368 142
Duress 366 141
Functions. 367,368 142
Local government 366 141
Military government 12, 362 10, 141
Nature 368 142
Puppet governments 366 141
Government officials (see this title — Officials.)
Guides, impression _ 270 107
Hospitals:
Protection 257,258 102
Requisition 386, 414, 415 146, 154
Zones 253 101
Hostages forbidden.. 273 107
Human rights of inhabitants 386 146
Hygiene and health.. 385 146
Inhabitants (see under appropriate subject headings here)
Institutions to be protected (see alto Property) 393, 405 148, 152
Internment (see also Internees) 433 158
Judges (««« this title — Officials, below.)
Labor: (see also this title — Officials).. 418-422 154
Prohibited labor 420 155
Protection of laborers 421 155
Requisitions 419,420 155
Land, private and public (See Property.)
Laws: (see also this title— Penal law) 369-372,432,437 142,158,
159
Administration 370, 437 142, 159
Application 437 159
Immunity of occupation personnel from local laws... 374 143
Occupation laws, when applicable 352, 360, 374 138, 140,
143
Publication of new laws 435 159
Rights of action, not to be suspended. 372 143
Repeal or suspension.. 370, 371, 434 142, 143,
159
Maintenance of occupation 360 140
Medical Bupplies 384,386,388,413 146,147,
154
Medical units. 257, 258, 386, 414, 415 102, 146,
154
Military government, necessity for 362 141
Military services, recruitment, etc 418, 420 154, 155
Money (see tkis title — Currency.)
Movement, restrictions 375 143
National flags (See Flags — proper and improper use.)
21 7
Paraqtspk Pane
Occupied territory — Continued
Nationals of the occupying power:
Immunity from local law 374 143
Offenses committed before occupation 440 181
Nationals of other powers, repatriation 381 144
Neutral persons (see Neutral persons) 551 192
Newspapers, control 377 144
Oaths (see also this title — Officials) 359, 423 140, 156
Obedience to occupation authorities 359, 423, 432 140, 156,
158
Occupation (see this title — Occupation.)
Offenses before occupation (see this title — Penal law.)
Officials of hostile government:
Coercion 422 156
Compensation... 424 156
Oaths - 423 156
Obedience 359, 423, 432 140, 156,
158
Punishment, (see this title — Punishment.)
Removal 422 156
Salaries 424 156
Penal and disciplinary sanctions (see this title — Penal law.)
Penal law (see also this title — Laws) 432-448- 158
Appellate rights 443 162
Applicable law 369, 370, 434, 437 142, 159
Confinement 439, 446, 447 160, 163
Courts 373, 436, 437 143, 159
Defense at trial 442 162
Individual responsibility.. , 448 164
Legislation 434 159
Offenses:
Committed before occupation 440 161
Generally 438 159
Penalties _„ - 438 159
Procedure for trials 441-444 161
Publication of laws 435 159
Punishments: 438-440 159
Collective punishment, prohibited 272,448 107,164
Confinement 438, 439, 446, 447 159, 160,
163
Death penalty . - 438, 444, 445 1 59, 1 62,
163
Notification to Protecting Power 444 162
Offense committed before occupation. ... 440 161
Repeal or suspension , 369 142
Pillage prohibited 397 150
Population, rights (see also appropriate subheadings under
this title) ... 379-387 144
Postal service... - 377 144
Press and radio _ 377 144
Prisoners of war, status of persons in occupied territory.. 72 31
Private gains by officers and soldiers forbidden 398 150
Proclamation of occupation , 357 140
Property (See Property.)
218
Paragraph Pate
Occupied territory — Continued
Protecting Power: (see alto Internees; Protecting Powers.)
Functions with respect to:
Foods, medical supplies and relief 384, 388-390 146, 147
Labor 421 155
Trials- 442,444 162
Notification of:
Transfers and deportations 382 144
Trials and sentences 441, 444, 446 161, 162,
163
Public finance .. . 425-431 156
Public order 363, 369 141,142
Punishment (see this title — Penal law.)
Puppet Governments 366 141
Recruitment , 418 154
Relief and relief shipmenta 388-391 147
Relief societies 392 148
Religion:
Religious assistance 387 147
Religious freedom . 252, 266, 380 100, 106,
144
Religious property, protection and use 405 152
Repatriation of nationals of other powers (tee also Civilians;
Internees) 381 144
Reprisals prohibited 272 107
Requisitions (See Requisitions.)
Red Cross (See Red Cross.)
Residence, assigned 433 158
Revenue (see this title— Taxes.)
Rights of action... 372 143
Rights of inhabitants 365, 379-387 141, 144
Schools 383 145
Security measures 248,266,369,399 99,106,
142, 150
Services, requisition 418,419,422 154,155,
156
Sovereignty 353,358 138,140
Subjugation or conquest 353 138
Submarine cables 411 153
Taxes: (see also this title — Contributions.)
Changes in tax law 426 157
Collection 425,427 156,157
Types - 426 157
Use 425 156
Termination of occupation 360,361,447 140,163
Transfers of populations. 382 144
Transportation, control 378 144
Trials: (see also this title — Courts; Penal law.)
Appellate rights 443 162
Defense, rights 441-445 161
Notification to Protecting Power 444 162
Women («ee also Internees— women) 253, 256, 262, 266, 271, 101, 102,
446 104, 106,
107, 163
219
Paragraph Pate
Occupied territory — Continued
Workers (see this title — Labor.)
Officers : (see also War crimes — officials.)
Captured (See Prisoners of war — officers.)
Gains, private, forbidden in occupied territory 398 150
Internment by Neutral Powers 532,534 188
Liability for war crimes 501, 509, 510 178, 182,
183
Parole in neutral countries 535 188
Opening of hostilities (See Hostilities.)
Orders and regulations: (see also War crimes — orders of
superiors.)
Prisoners of war, posting in prisoners' language ; 117 45
Orphans, care - 263,383 105, 145
Outlawry and assassination- — 31 17
Parachute, persons descending 30 17
Parlementaries --- - 458-468 167
Parole:
In neutral territory.. -- 535 188
Prisoners of war (See Prisoners of war — parole.)
Passports, military - 454,455 165,166
Penal and disciplinary sanctions (See Internees; Occupied
territory; Prisoners of war.)
Perfidy. - - 50,493 22,175
Permitted acts, specifically mentioned:
Atomic weapons., 36 18
Bombardment - -. 42 20
Property destruction _ 56 23
Ruses -- --- — - 51 22
Spies - 77 33
Strategems -- 48 20
Weapons, employing fire 36 18
Personal Property (See Internees; Prisoners of war; Property;
Wounded and sick.)
Physical examinations (See Internees; Prisoners of war.)
Pillage prohibited 47,272,397 21,107,150
Poison. 37 18
Policing of battlefield - - - - - 216 85
Populations shifts in occupied territory (See Occupied terri-
tory — transfers.)
Political authorities, power to capitulate 473 170
Postage (See Mail.)
Principles, basic principles of the law of war 3 3
Prisoners of war 60-207 25
Accidents. 193 75
Accommodations in neutral country _ 18S-190, 194 73, 75
Accounts (See Finances, below.)
Accused prisoners, rights 175, 181, 882 68, 70
Acts committed prior to capture 161 63
Addresses of prisoners, belligerents to inform each other.. 203 79
Administration of (see this title — Camps,)
Agreements on treatment 86 35
Aid societies (see also Red Cross) 69, 148-151, 206 30, 57, 81
Aiding the enemy 79 33
220
Paragraph
Pace
Prisoners of war — Continued
63
27
Appellate rights {see this title — Judicial proceedings.)
Armistice, disposition during
487
173
Authorities of detaining power, relations with
154-157
60
199
77
Attaches and other diplomatic representatives of neutral
83
34
Badges and decorations
. 94, 116
38, 45
148
57
203-205
79
Burial, certificates, etc
201
78
Camp followers, status
60, 70
25, 30
Camps:
Administration
115
45
Geneva Conventions, regulations and orders, posting. 117
45
Hygiene -
106
42
Responsible officer.
115
45
40
207
82
Transit
100, 106
40,42
Working
99
40
104
42
Captivity: («ee also this title — Capture)
93-96
37
185-202
72
Capture:
63
170, 185
66, 72
Capture cards .
146
56
Cartels .
197, 469
76, 169
152
59
Central Prisoner of War Information Agency
204, 205
«0, 81
Chaplains {see this title — ReligiouB ministers.)
90
36
70
30
Civilians {See Civilians.)
103, 105
41,42
Coercion for:
175
68
Obtaining information, prohibited
93
37
Collective Punishment {tee this title — Punishment.).
62
27
63
27
Compelling to serve in hostile forces, forbidden
502
179
Complaints and requests, right to make .
154
60
Confinement as punishment {see also this title — Internment.)
Conditions 173,174,179,184
67, 69, 71
174
67
179
69
173, 184
67,71
179
69
684524 0-63— 15
221
Paragraph Page
Prisoners of war — Continued
Conviction:
Appeal from 182 70
Enforcement. .- 184 71
Notice. - -- 183 71
Correspondence:
Capture card 146 56
Censorship and suspension 152 59
Dispatches „ 147,150 56,58
Exemption from postage and duties 150 58
General rules. 147-153 56
Legal documents . 153 59
Parcels 148,149 57
Relief shipments 148 57
Special transport 151 58
Telegrams 147,150 56,58
Transfer 124 47
Courts 71, 160, 178 30, 62, 68
Dangerous work (see this title — Labor)
Dead:
Burial 201,202 78,79
Special circumstances of death. 202 79
Death penalty - 176, 177, 183 68, 71
Definition:
Persons included 60-71 25
Persons excluded 72-83 31
Deployment of prisoners (*ee alio this title — Labor) 99 40
Detaining power:
Accounts maintained 140 53
Responsibility for treatment of prisoners 88, 91 36, 37
Detention in combat zone 99 40
Diplomatic personnel of neutral states 83 34
Discipline and disciplinary punishment (see also this
title— Punishment) 115-118, 165, 166, 172 45,64,66
Power to administer 115, 172 45, 66
Right of defense 172 66
Discriminations 92 37
Documents, legal 153 59
Enemy, relations with 154-157 60
Escapee (see also this title— Punishment) - 167-170, 538, 543 65, 189,
190
Exchange. 197,487 76,173
Exposure to combat fire 99 40
Exterior, relation with 145-153 55
Evacuation (see also thiss title — Transfers) 95, 96, 543 39, 190
Finances:
Accounts:
Maintained by detaining power - 94, 38,
134, 135, 140-144 51, 53
Right of prisoners to inspect. 141 54
Terminating 142 64
Adjustments between parties to conflict 143 65
Canteen funds ,_ 104 42
222
Paragraph Past
Prisoners of war — Continued
Finances — Conti nued
Claims for compensation 144 65
Money of prisoners of war __ 94,134-143 38,51
Pay advances 136, 140, 143 51, 53, 55
Ready money 134 51
Receipts issued for funds of prisoners. 94, 139 38, 53
Restrictions by Detaining Power 136, 138, 139 51, 52, 53
Supplementary pay . 137 52
Transfer of funds 139 53
Wages for labor or working pay 130, 133, 138, 140 50, 52, 53
Food:
Generally __ 102,105 41,42
Mess supervision 120,121 46
Force used against (see this tide — Coercion)
Funds of prisoners (nee this title — Finances)
General divisions of enemy populations 60 25
Geneva Conventions, posting of text 117 45
Gifts - _ - 148-151 67
Graves _ 201 78
Guerrillas.. . . 80 34
Hospitalization (see this title — Medical Examination and
care)
Humane treatment 89 36
Hygiene and health _ 106, 108, 184 42, 43, 71
Identification and identity cards 61,93,94,201,203 25,37,38,
78, 79
Imprisonment (see this title — Confinement)
Infirmaries 107 42
Information Bureaus 203-205 79
Information to be given by prisoners 93 37
Injuries 107,130,131,193,202 42,50,75,
79
Insignia of rank and badges 94, 116 38, 45
Insults and public curiosity, protection ■ 89 36
Intellectual pursuits 114 45
Interim protection if status doubtful 71 30
International Committee of Red Cross (See Red Cross)
Internees, to be separated 291 113
Internment of prisoners:
Generally 97-100 39
In neutral country 190 74
Interrogation -. 93 37
Judicial proceedings 175-184 68
Appellate rights 182 70
Defense 175,181 68,70
Notification of proceedings to:
Accused... . 180,183 69,71
Protecting Powers (see this title — Protecting
Powers)
Principles in general 175 68
Sentence, validity and execution 178, 183, 184 68, 71
Killing prohibited in certain instances 85 35
223
Paragraph
Prisoners of war — Continued
Labor:
Accidents, occupational. 130, 131 50
Authorized labor. . 126,128 48,49
Complaints regarding 126,133 48,50
Conditions 127 49
Dangerous or humilitating labor, generally prohibited. 128 49
Detachments of labor, administration 132 50
Disease, occupational 130, 131 50
Duration of, hours and days 129 49
Employers, private 133 50
Generally 125 48
Medical examination and care 131 50
Officers and non-commissioned officers 125 48
Persons subject 125,157 48,61
Physical examination 131 50
Prisoners' representatives 157 61
Rest required - 129 49
Wages.. _ 130, 133, 138, 140 50, 52, 53
War operations, relations to 126, 128 48, 49
Language employed 93, 117, 155 37, 45, 60
Laws and regulations applicable 117, 158 45, 62
Ex post facto laws prohibited 175 68
Legal documents 153 59
Legislation, (see this title — Laws.)
Letters, (see thit title — Correspondence.)
Levee en masse 65 28
Maintenance ... 91,136,143 37,51,55
Medical duties 109 43
Medical examination and care («ee alto this title — Wounded
and sick) 107, 108, 131, 191, 192 42, 43,
50, 74
Medical commissions, mixed , 191, 192 74
Medical personnel:
Neutral personnel . . 233 92
Retained personnel 67,68,230-232 28,29,90
Status and duties. 67, 68, 107, 109, 131, 230, 233 28, 29, 42
43, 50, 90,
92
Voluntary aid society personnel 69,230 30,90
Mess supervision (see also this title — Food). 120, 121 46
Militia and volunteer corps ..... 61,64,74 25,27,31
Military attaches of neutral state 83 34
Ministers of religion. (See Religious Ministers, below.)
Money, (see this title — Finances.)
Movement, liberty of „ __ 97 39
Neutral personnel (see alto this title — Protecting Powers).. 83, 233 34, 92
Neutral territory:
Accommodation. 188-191, 194, 196, 538, 546 73, 75, 76,
189, 191
Internment 190 74
Passage thro ugh 538,543 189, 190
Treatment- 538 189
Wounded and sick prisoners 188, 189 73
224
Paragraph Pan
Prisoners of war — Continued
Non-commissioned officers, supervisory work only 125 48
Notification by belligerents:
To each other. (tee alto thit tide — Information Bu-
reau) 119, 134, 145 46, 51, 55
To Protecting Power .... 145, 55,61,66,
157, 170, 176, 177, 180, 181, 183,202 68, 69, 70,
71, 79
Occupational accidents, (tee this title — Labor.)
Occupied areas, certain persons in 72 31
Offenses (tee alto thit title — Punishment; Discipline) 158 62
Committed prior to capture _ 161 63
Officers:
Generally .. 115,120 45,46
Labor. 125 48
Mess supervision 120 46
Prisoners' representatives 155 60
Quarters 173 67
Orders and regulations, posting 117 45
Parcels by mail may be received 148 57
Parole I. 185-187 72
Pay (tee also this title — Finance).
Advance pay 136 51
Labor, pay 130,138 50,52
Supplementary pay 137 52
Penal and disciplinary sanctions, (see thit title — Punish-
ment.)
Personal property (tee also thit title — Clothing) 94, 217 38, 85
Physical exercise, (see thit title — Recreation.)
Posting of Geneva Conventions, regulations, etc 117 45
Prisoners' representatives, (tee this title — Representa-
tives of prisoners.)
Protecting Powers:
Complaints 154, 157 60, 61
Correspondence 147, 151 56, 58
Notification as to:
Death penalty . 176,177 68
Judicial proceedings 180, 181 69, 70
Killed or injured prisoners 202 79
Labor. 132 50
Measures taken concerning prisoners 145 55
Recapture 170 66
Supervision of camps 207 82
Visitation of camps 207 82
Protection:
Commencement and termination 84 34
Generally 84-92 34
Hazards of war 99 40
Interim 71 30
Punishment 158-184 62
Acts committed prior to capture 161 63
Appeal, right 182 70
Coercion 175 68
Collective punishment forbidden ^ 163 63
225
r
Paragraph
Prisoners of war — Continued
Punishme nt — Continue d
Confinement 173
Courts 160, 178
Death penalty..,. 176, 177, 183
Defense, right - 172,181
Disciplinary punishment (see also this title — Disci-
pline) 115-118, 165, 166, 172
Duration 166
Escape 167-170,538, 543
Em post facto laws prohibited 175
Execution of penalties 164, 173
Forms 165
General principles 163-165, 175
Leniency 159
Notice :
Proceeding for , 180
Results 183
Place 173
Repatriation or accommodation in neutral country 1 94
Repetitive punishment prohibited 162
Rights during 174, 184
Safeguards 174
Sentence, validity
Quarters 101, 105
Questioning 93
Rank:
Notification to parties to conflict , 119
Recognition 115, 119-121, 174
Rations {see this title — Food.)
Recapture 167-170, 185
Recreation 114
Red Cross (See Red Cross.)
Release 185-200
Relief, shipments 148-151
Exemption from postal and transportation charges 150
Transportation, special 151
Relief societies (See Aid Societies; Red Cross.)
Religious freedoms 110-113
Religious ministers 67,111-113
Renunciation of rights prohibited 87
Repatriation (see also Exchange of prisoners; Release of
prisoners):
Activity of repatriated prisoners 196
Armistice to include pri visions 487
Asylujns permitted 199
Coats 195, 198
Exchanges 197
Hostilities, end 198
Injured prisoners 193
Mixed medical commissions, examinations 192
Prisoners serving sentences 194
Procedures 200
Wounded and sick 66, 188, 189
Paragraph Page
Prisoners of war—Continued
Reports 154 60
Representatives of prisoners 154-157 60
Duties.. 156 61
Prerogatives ^ 157 61
Reprisals prohibited 89 36
Retained personnel 67, 68, 230, 232 28, 29, 90,
92
Rights protected (see this title — Treatment)
Screening camps 100 40
Security measures 99 40
Segregation 92 37
Sick and wounded (see this title — Wounded and sick)
Special agreements concerning 86 35
Spies, (See Espionage, Sabotage, and Treason.)
Summary execution forbidden 99 40
Supervision by protecting powers (see this title — Protecting
powers).
Transactions with enemy prohibited 94 38
Transfers 122-124 47
Circumstances precluding 123 47
Conditions _ _ 122 47
Procedure.. 124 47
Transit camps 100 40
Treatment:
General rights. 84-92 34
Non-renunciation 87 35
Equality of treatment ' 92 37
Officers 120 46
Non-officers 121 46
Responsibility 88 36
Trial: (see this title — Judicial proceedings; Punishment.)
Uniform, necessity for recognition as belligerent 74 31
Violence and intimidation prohibited _ 89 36
Visitation and supervision of camps by protecting powers
(see this title — Protecting Powers.)
Voluntary aid societies for (See Aid Societies.)
Volunteer corps 61, 64, 74 25, 27, 31
Weapons to be used against prisoners of war 118 46
Wills.. 153, 201 59, 78
Women as prisoners of war, special mention;
Protection generally 90, 92, 125, 184 36, 37, 48,
71
Punishments- 164,173,184 64,67,71
Quarters— - ... 101, 106, 173, 184 40, 42, 67,
71
Work (See Labor.)
Wounded and sick:
Evacuation 95 39
Medical examination 107, 108, 131, 191, 192 42, 43, 50,
74
Neutral countries, accomodation 188 73
Protection 211,217 84, 85
Repatriation 188, 189, 193, 195 73, 75
227
Paragraph Page
Prisoners of war — Continued
Sentenced prisoners 194 75
Special agreements with respect to 86, 212 35, 84
Status as prisoners 66 28
Transfers... 123 47
Prisoners of War Information Bureau _ 203 79
Prohibited Acts: (see also Weapons)
Assassination and outlawery 31 17
Bombardment of undefended places 39, 40 19
Civilians, certain acts towards 271-273 107
Commencing hostilities without declaration of war 20 15
Compelling enemy to participate in hostilities against own
country - 32 17
Confiscation of enemy property (See Property.)
Destruction of:
Historical and educational institutions „„____ 57 24
Property , 58 24
Submarine cables (see this title — Submarine cables) 411 153
Devastation (see also this title — Destruction 41, 56 19, 23
Flags and insignia, improper use of (see also Red Cross).. 52-55 23
Geneva Convention emblem, improper use 55 23
Germ Warfare 37, 38 18
Guides, impressment 270 107
Hostages, taking 273 107
Injury of enemy after surrender or by prohibited means 29, 33 17
Ill-treatment of peaceful populations 11 9
Paratroopers, firing on , 30 17
Perfidy (see this title — Treachery.)
Pillage of civilians prohibited ■ 272 107
Poison (See Weapons.)
Prisoners of war:
Discriminating treatment... 92 37
Inhuman treatment 89 36
Killing or wounding 85 35
Status, non-renunciation 87 35
Punishment, collective punishment forbidden 163,272,448 63,107,
164
Quarters, refusal 28 17
Red Cross emblem, improper use (See Red Cross.)
Reprisals 214 84
Revengeful acts 497 177
Safeguard violations 457 166
Submarine cables, destruction of 411 153
Surrendered personnel, killing or wounding 29 17
Torture and other inhuman treatment... 85 35
Treachery or perfidy 50 22
War crimes, acts included (See War crimes.)
Weapons, certain weapons prohibited (See Weapons.)
Wounded and sick, ill treatment 216, 502 85, 179
Property:
Bombardment (See Bombardment.)
Booty of war 59 24
Captured 59, 395, 396 24, 150
228
Paragraph Page
Pr operty — Continued
Charitable.. _
45,46,57,405 21,24, 125
Combat, treatment during . . .
56-59
23
Confiscation or seizure (tee alto this title — Requisitions;
Pillage) 58, 393, 395, 396, 406, 409, 410
24, 148,
150, 152,
153
Control by occupying power
399
150
Cultural
45, 46, 57, 405 21, 24, 152
Destruction or Devastation 56, 58, 393, 410,476
23, 24,
148, 153,
171
431
158
321
126
Military . _
401,404
151
405
152
47, 272, 397
21, 107,
150
Prisoner of war, property
59,94
24, 38
398
150
Private property:
406
152
Destruction
393,410
148, 153
394
149
Immovable requisition or seizure
407
152
408,410
152, 153
Movable . . _
408-410
152
Prohibited acts with regard to («ee alto Prohibited
406
152
Realty
407
152
Seizure
408-410
152
Public property:
Administration by Occupying Power.
400
151
Disposition by Occupying Power.
402
151
Distinguished from private property
394
149
Military use
401,404
151
403,404
151
400
151
400-404
151
Railway equipment (See Railway equipment.)
Religious, charitable, cultural, etc..
45, 46, 57, 405 21, 24, 152
Requisitions.
407, 412-417
152, 153
399
150
Seizure (see this title — Confiscation.)
State property (tee thit title — Public property,)
411
153
Surrender, disposition of property. - -
475,476
170, 171
39
19
tected persons: (See alto Aliens; Civilians; Internees) 246-350
97
270
108
272
107
_ 247
98
248
99
229
PurajropA Page
Protected persons — Continued
Neutrals 247 98
Reestablishment 249 99
Rights, non-renunciation 251 100
Special agreements _ 250 100
Treatment, responsibilities 268 106
Protecting Powers, application to and visits by 269, 350, 446 107, 136,
163
Protecting Powers 15-19 12
Arbitration and conciliation procedures 19 14
Complaints from:
Internees 308 121
Prisoners of war 154,157 60,61
Defined. ... 15-19 12
Failure to function, remedies 18 13
Functions - - 15-19 12
Generally - - — 16 12
International Red Cross Committees, no obstacle to
functioning 17 13
Notification with respect to:
Internees - 312,336,338 1 22, 1 3 1 ,
132
Prisoners of war 145, 157, 176-177, 180, 181 55, 61, 68,
69, 70
Protected persons 183, 202, 382, 441, 445 71, 79,
144, 161,
163
Substitutes for 18 13
Supervision of prisoners of war 207 82
Trials, representatives at 181, 444 70, 162
Visitations by ... 207,446 82,163
Provost courts, jurisdiction 13 10
Punishment of:
Inhabitants of occupied territory. (See Occupied ter-
ritory.)
Prisoners of war, (See Prisoners, of war.)
Spies. (See under Espionage, Sabotage, and Treason.)
War criminals. (See War crimes.)
Purpose of manual 1 3
Quarters. (See also Internees; Prisoners of war.)
Refusal 28 17
Radios:
In neutral territory 528-531 187
In occupied territory 377 144
Railway equipment:
Neutrality rules concerning 552 192
Rank (See Prisoners of war see also Officers)
Recapture (See Prisoners of war.)
Recruitment:
Neutral territory 522 186
Occupied territory 418 154
Red Crescent (see also Red Cross — emblem) 238, 264 95, 105
230
Paragraph Pove
Red Cross (see alto Aid Societies; Medical personnel; Medical
units-)
American National Red Cross 228 90
Emblem . 238-245 05
Auxiliary personnel, use 241 96
Form — 238 95
Hospitals and other medical units and establishments;
marking. 242, 257, 266 96, 102
106
Improper use, prohibited 55, 244, 245 23, 66, 97
Medical personnel, use... 240, 259 95, 103
Peacetime use. 244, 24 5 96, 97
Religious personnel, use 240 95
Transports, land, sea, and air 260, 261 104
United States reservations to 1949 Geneva Conven-
tion 245 97
Family news, facilitation 264 105
International Committee of Red Cross activities. 17-19, 148, 149 13, 57
Hospital Zones, good offices for establishment. 204, 224, 253 80, 89, 101
Prisoners' representatives, right to consult with 155, 157 60, 61
Purpose... 204,347 80,135
Relief Shipments of Central Agency (See Relief
shipments.).- 204,347 80,135
Special status to be given recognition 206, 349 81, 136
Substitute for Protecting Power (see also Protecting
Powers).. 18 13
Visits, with respect to:
Prisoners of war. 206, 207 81, 82
Protected persons 350,446 136,163
National Red Cross societies, status of personnel 69 30
Prisoners of war status of medical personnel.. 69 30
Protected Persons, right to complain 269 107
Relief activities 148, 149, 151, 315, 316, 318, 388, 390, 392 57, 58,
123, 124,
125, 147,
148
Red Lion and Sun (see aho Red Cross — emblem) 238, 264 95, 105
Red Shield of David (see aho Red Cross — emblem) 238, 264 95, 105
Refugees 283 111
Relief shipments (see aho Civilians; Internees) 148-151-315 57, 123
Relief Societies (See Aid Societies; Red Cross.)
Religion:
Religious activities and freedoms (tee under Aliens; Ci-
vilians; Internees; Prisoners of war; and Occupied
territory.)
Religious buildings, protection 45-47, 405 21, 152
Religious personnel (see aho Chaplains.)
Capture, retention or return by an enemy 111,230-232 44,90
Emblem of protection. 240 95
Security measures with respect to 231 91
Remedies Available for Violation of International Law 495-611 176
Repatriation (See Occupied territory ; Prisoners of war, Wounded
and sick.)
231
Paragraph Paqt
Representatives of:
Belligerents (See Parlementaries.)
Internees (See Internees.)
Neutral states (See Neutral Powers — diplomatic agents.)
Prisoners of war (See Prisoners of war.)
Red Cross (See Red Cross.)
Reprisals 495,497 176,177
Requisitions (See occupied territory.)
Coercion, use of 417 154
Compensation 416 154
Enforcement 417 154
Food and medical supplies 413-416 154
Hospitals. 414-416 154
Labor and other services 418^424 154
Method of requisitioning -. 412,415 153,154
Property . 412 153
Reservations to 1949 Geneva Convention _ 245 97
Retained Personnel, medical and spiritual religious personnel
67, 68, 230-232 28, 29, 90
Retaliation (See Reprisals.)
Revengeful acts prohibited 497 177
Rewards for captured or killed enemy 31 17
Rockets, use 34 18
Rules of War (See Laws of War.)
Ruses of war - -- 50-55 22
Sabotage (see under Espionage, Sabotage, and Treason)
Safe-conducts (see also Passports, military) 454-456 165
Distinguished from passports 455-456 166
Safety Zones (see also Hospital zones; Neutralized zones) 253 101
Safeguards 454, 457 165, 166
Sanitation:
Internees 292 113
Prisoner of war camps 106 42
Science, buildings devoted to, protection 45, 46 21
Security measures (See Aliens; Civilians; Occupied territory;
Prisoners of war; Property; Religion — religious personnel-.)
Segregation (See Prisoners of war, see also Women)
Shipments to prisoners of war 148 57
Relief shipments (see under Relief shipments)
Shipwrecked belligerents, detention by neutrals 547 191
Sick and wounded (See Wounded and sick.)
Sieges (See Besieged places.)
Signs, to distinguish protected buildings, etc 45, 46 21
Sources of law 4 4
Special agreements with respect to:
Civilians, protection 250 100
Hospital and safety zones..- -- 224, 253 89, 101
Neutralized zones 254 101
Prisoners of war.. _ 86 35
Wounded and sick. ._ 212 84
Spies (See Espionage, Sabotage, and Treason.)
Stratagems (see also Prohibited Acts) _ 48-55 22
Subjugation, distinguished from occupation
(see also Puppet governments) 353 138
232
Paragraph Pafft
Submarine cables 411 153
Subordinates, responsibility for acta 501 178
Summary executions (See Prisoners of war.)
Superior orders, no deference to war crimes. 509 182
Supplies, requisition (See Requisitions, above.)
Surrender (see alto Capitulation; White flag) 470, 478 169, 172
Surrendered places 41 19
Suspension of arms (see also Armistice) 485 173
Taxes (»ee Occupied territory — taxes.)
Telegraph and telephone:
In neutral territory _ 528-531 187
In occupied territory 377 144
Torture, forbidden (See Civilians; Prisoners of war.)
Transfers (See Internees; Prisoners of war and occupied terri-
tory.)
Transit Prisoner of War Camps (See Prisoners of war.)
Transportation:
In occupied territory 378 144
Wounded and sick 260-261 104
Travel, occupied territory i 454^456 165
Treachery, forbidden 50, 493 22, 175
Treason (See Espionage, Sabotage, and Treason)
Treaties, generally (see also Geneva Conventions, Hague Con-
ventions) 4, 5, 7 4,6
Trials (See Prisoners of war; Occupied territory; War crimes.)
Truce (See Armistice.)
Undefended places, attacks or bombardment .... 39,40,45,46 19,21
Uniform, necessity for status as belligerent 74 31
Uniform of enemy:
Improper use 52 23
Proper use _ 54 23
United Nations 513 15,184
United States Reservations to 1949 Geneva Conventions 245 97
Universal Postal Conventions 150 58
Unwritten rules of land warfare ._ 4, 6-9, 11 4, 6, 9
Violations of the laws of war («ee also War crimes.) 495-497 176
Volunteer aid societies (See Aid Societies; see also Red Cross)
Volunteer corps of belligerents 61,64,74 25,27,31
Volunteers to care for wounded and sick 219 87
War:
Declaration 9, 20, 21, 23, 24 8, 15, 16
Definition _ 8 7
Laws of (See Laws of war.)
War crimes - 495, 498-511 176, 178
Acts whi ch constitute - .. 494, 499, 502, 504 1 75, 1 78,
179, 180
Armistice, violation 494 175
Attempts.. 500 178
Collective punishment (see this tide — Punishment.)
Complicity ,.. 500 178
Conspiracy 500 178
233
Paragraph Post
Death penalty (see this title — Punishment.)
Defenses 509-511 182
Definition (see also this title — Acts which constitute.),. 499 178
Execution, 'without trial, forbidden. 504 180
Geneva conventions, grave breaches 502, 503, 506 179, 181
Government officials 501,510 178,183
Hostages, taking of 502 179
Incitement 500 178
Individual responsibility 498 178
International law, violations - 498 178
Jurisdiction 13, 505, 507 10, 180,
132
Laws applicable 505,507 180,182
Mitigation because of superior orders 509 182
National law no defense 511 183
Officials of the government 501, 510 178, 183
Orders of superiors 509 182
Prisoners of war, liability 161, 163 63
Punishment:
Amount 508 182
Collective punishment prohibited 508 182
Corporal punishment prohibited 508 182
Death penalty 508 182
Responsibilities 506 181
Remedial action other than punishment. 495 176
Subordinates, responsibility for acts 501 178
Superior officers, responsibility for acts of subordinates.. 501 178
Superior orders 509 182
Suppression 506 181
Trials 163,505,507 63,180,
182
War. Criminals (See War crimes.)
Warfare (See Hostilities; Bacteriological warfare.)
War treason (See Espionage, sabotage, and treason).
Weapons:
Atomic 35 18
Bullets, certain types prohibited 34 18
Causing unnecessary injury, forbidden 34 18
Gases, chemicals and bacteriological warfare 38 18
Grenades, use authorized 34 18
Medical units and personnel, authority to use 223 83
Poisons __ 37 18
Prisoners of war, use against 118 46
Rockets 34 18
Suspension of arms ._ 485 173
Use of fire. 36 18
White Flag, use of 53, 458, 460, 467, 504 23, 167,
168, 130
Wills:
Internees... 320, 336 126, 131
Prisoners of war 201 78
Women (see under Aliens; Internees; Prisoners of war and
occupied territory).
234
Paragraph Past
Workers {See Internees — labor; Occupied territory; labor;
Prisoners of war — labor) .
Wounded and sick {see also Prisoners of war; Red Cross) 208-245 83
Abandoned, medical personnel to be left with _ 215 84
American National Red Cross {see under Red Cross.)
Arm and ammunition 223 88
Bombardments and sieges, spared in. 45, 209, 220, 222-224 21, 83,
87, 88
Captured, status as prisoners of war 208 83
Care and treatment 215, 216, 219 84, 87
Casualties, search and removal 216 85
Civilians {See Civilians — wounded and sick.)
Coastal rescue craft 209 83
Convoys 539-544 189
Death 236-237,260,261 93,104
Defense (see this title— Protection 217,218 85,86
Detention in neutral territory. 542-544 190
Emblems, use 238-245 95
Evacuation _. _ 256 102
Examination by medical commissions 191, 192 74
Exchange of wounded and sick 216 85
Geneva Conventions, execution of 214 84
Graves Registration Service 218 86
Hospitals (See Medical units.)
Hospital ships 209 83
Hospital zones 224 89
Humane treatment 215, 216 84, 85
Identification 217 85
Ill-treatment 216 85
Information to be exchanged 217 85
Inhabitants may be asked to care for 219 87
Internment in neutral state 542 190
Medical personnel (See Medical personnel.)
Medical units (See Medical units.)
Money and personal effects 217 85
Neutral territory:
Accommodation 188,189,546 73,191
Detention 542-544 190
Entrance into, rules governing 539, 541, 544 189, 190
Internment 542 190
Neutral ports of entry 544 190
Passage through— 539-542 189
Neutral Powers, duties toward (see also this title — Neutral
territory.) 210,541 83,190
Neutral ships, transportation on 544 190
Personal effects 217 85
Prisoners of War (See Prisoners of war — wounded and
sick.)
Protected persons 208 83
Protection. 211,215 84
Records regarding Red Cross (See Red Cross.) 217 85
Repatriation.. 188,189,193,195 73,75
Reprisals prohibited 213 84
Rescue craft 209 83
235
PamgrapH Pagt
Defense — Continued
Rights, nop-renunciation _i 213 84
Robbery and ill-treatment, protection from 215, 216 84, 85
Shipwrecked or at sea 209 83
Special agreements with respect to 212 84
Transfers _ 123 47
Transportation, vehicles used. _ 236-237 93
Voluntary care may be requested 219 87
Weapons taken from 223 88
[AG 385 (10 May 56)]
!
By Order of Wilber M. Brucker, Secretary of the Army :
MAXWELL D. TAYLOR,
General, United States Army,
Official: Chief of Staff.
JOHN A. KLEIN,
Major General, United States Army,
The Adjutant General.
Distribution :
Active-Army:
Gen Staff, DA (5)
SS, DA (2) except TJAG (300)
Tec Svc, DA (5)
Admin & Tec Svc Bd (1)
Hq CON ARC (15)
CON ARC Bd (1)
Army AA Comd (5)
OS Maj Comd (50)
OS Base Comd (10)
Log Comd (10)
MDW (15)
Corps (5)
DIv (10)
Brig (5)
Regt/Gp (5)
Bn (3) except Sep Bn (5)
Co (2)
Ft.& Cp (8)
USMA (50)
Gen & Br Svc Sen (10)
PMST (2)
Gen Depots (3)
NO: State AG (3).
USAR: None.
For explanation of abbreviations used, see SR 320-50-1.
236
Sup Sec, Gen Depots (2)
Depots (2)
AH (5)
Tng Cen (10)
Pers Cen (5)
Reception Sta (3)
Trans Terminal Comd (10)
PG (3)
Arsenals (1)
DB (5)
Cruit DIst (1)
Crult Main Sta (1)
Dlsp (1)
FOUSA (1)
DIv Engr (1)
Engr DIst (2)
Mil Dlst (2)
Proc DIst (1)
MAAG (2)
Mil Msn (1)
ARMA (1)
* 11,5, GOVERNMENT PRJNTI NG OFFICE : IMS O— 4*4324
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